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2025 DAILYLAW 11450 (RAJ)

SARIF @ SONU @ JATHAL S/O SHRI MAJID KHAN v. THE STATE OF RAJASTHAN

CRLMB/3783/2025 · 2025-04-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:14959] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3783/2025 Sarif @ Sonu @ Jathal S/o Shri Majid Khan, Aged About 23 Years, R/o Dawad Ka Makan, Dabar Colony, Kaladera, Police Station- Kaladera, Jaipur, Presently Village Manoharpur, Mo. Topchi Bada, Police Station Manoharpur, Jaipur, Presently Gulabshah Kamraan Aarif Bhai Ka Makan, Nai Ki Thadi, Police Station- Jaisinghpura Khor, Jaipur (Presently Confined In Central Jaipur) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anish Bhadala For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/04/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.846/2023 registered at Police Station Kho- Nagoriyan, District Jaipur City East (Raj.) for the offence punishable under Section 379 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that alleged offence is triable by Magistrate for which maximum punishment is three years. Trial of the case will take considerable time in its conclusion. Petitioner is in custody since 09.01.2024 as such he has served incarceration of more [2025:RJ-JP:14959] (2 of 3) [CRLMB-3783/2025] than one year. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. She submits that petitioner is a habitual offender as eleven other cases have been registered against him. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also the fact that alleged offence is triable by Magistrate for which maximum punishment is three years; trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Sarif @ Sonu @ Jathal S/o Shri Majid Khan, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall [2025:RJ-JP:14959] (3 of 3) [CRLMB-3783/2025] mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 10. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /224