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2025 DAILYLAW 11724 (RAJ)

AMZAD S/O FAKRU @ FAKRUDDIN QURESHI v. STATE OF RAJASTHAN

CRLMB/3803/2025 · 2025-03-12

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11713] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3803/2025 Amzad S/o Fakru @ Fakruddin Qureshi, Aged About 42 Years, R/o Gangapur City, At Present R/o Near Jain, Ward No. 01 Chhavni Area Neem Ka Thana Town Sikar, District Sikar (Raj.) (At Present In Sub Jail Gangapur City) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Santosh Srivastav For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2025 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.051/2000 registered at Police Station Gangapurcity, District Sawai Madhopur for the offences punishable under Sections 457 and 380 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that the matter pertains to the year 2000 and all other accused persons have been acquitted by the learned trial Court. It is submitted that no proclamation was issued against the accused petitioner but now, the petitioner has been arrested in pursuance of standing warrant of arrest on 25.02.2025. It is submitted that alleged offences are triable by the [2025:RJ-JP:11713] (2 of 3) [CRLMB-3803/2025] Magistrate. There are no criminal antecedents against the petitioner and trial will talk considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 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 learned counsel for the petitioner, as also the fact that the alleged offences are triable by Magistrate and other accused persons have already been acquitted by the learned trial Court; absence of criminal antecedents as well as looking to the period of custody, 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 – Amzad S/o Fakru @ Fakruddin Qureshi 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:11713] (3 of 3) [CRLMB-3803/2025] mark his presence in second 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 any breach 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 pcg/1064