Bail may be granted when the petitioner's name is absent from the FIR and the primary allegations of cheating are directed toward co-accused, even if the petitioner has criminal antecedents.

Order

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.205/2025, registered at Police Station Kolwa, District Dausa, for the offence(s) under Sections 318(4) of BNS.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated under Sections 318(4), 316(2) and 61(2) of BNS. It is contended that name of the petitioner is not mentioned in the FIR, there is no substantive evidence available on the record. The allegations of committing the offence of cheating upon the complainant and thereby obtaining Rs.7,00,000/- by misrepresenting the facts are against the other co-accused and not against the present petitioner. It is further contended that the petitioner is in custody since long, the matter is exclusively triable by the Magistrate and the charge-sheet has already been submitted, therefore, the bail application of the accused-petitioner may be allowed.

3. The learned Public Prosecutor has vehemently opposed the bail application and contended that the petitioner is a habitual offender and against him 7 cases were registered in different police stations relating to offence of theft and others, therefore, considering the criminal antecedents of the accused-petitioner, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. It is not desirable to express anything on the merits of the case. Considering the fact that the name of the petitioner is not mentioned in the FIR and the allegations of misrepresentation and committing the offence of cheating upon the complainant are against the other co-accused, therefore, this Court deems it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner- Rajendra @ Raju @ Mukesh @ Anandaya S/o Shri Arjunlal, in connection with FIR No.205/2025, registered at Police Station Kolwa, District Dausa, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. The learned trial Judge shall also verify the address and the contact details of the surety through concerned S.H.O. before releasing the accused-petitioner on bail.

7. The accused-petitioner is directed to mark his presence on every second and fourth Saturday of each month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused-petitioner and shall send the presence report of the accused-petitioner on the same day to the concerned trial Court every month without any delay.

8. The accused-petitioner is also directed to submit his present address along with his mobile number to the concerned S.H.O. within 7 days from his release and the concerned S.H.O. shall verify the said address and the mobile number. In case if the petitioner changes his address or mobile number he shall submit the same before the concerned S.H.O. and also before the concerned learned trial Court. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court.

9. A copy of this order shall b