[2025:RJ-JP:22480] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3906/2025 Asruddin @ Asarmohammed S/o Hazi Haneef, Aged About 40 Years, R/o Village Kavan Ka Bass, Police Station Khoh, District Deeg, (Rajasthan). (Presently Lodged In District Jail At Deeg) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Suresh Kumar Sahni with Mr. Ram Mohar Sharma Mr. Manender Singh Solanki For Respondent(s) For complainant : : Mr. Vivek Sharma, AGA Mr. Girish Khandelwal HON'BLE MR. JUSTICE MANEESH SHARMA Order 28/05/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of the petitioner, who has been arrested in connection with FIR No.234/2023 registered at Police Station Khoh, District Deeg for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 302 IPC and 3/25 Arms Act. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and it is a case of over implication of accused and there is no specific allegations against the petitioner for inflicting injury either to the deceased-Suwan Khan or injured persons namely Ayub, Taib and Taslim. During investigation, a lathi has been allegedly recovered from the petitioner, but the death of deceased has been caused due to firearm injury. Petitioner is in custody since 16.03.2024 and [2025:RJ-JP:22480] (2 of 4) [CRLMB-3906/2025] despite filing of charge-sheet and framing of charges, the trial is not proceeded as the complainant Ayub himself has obtained stay on the further proceedings of trial of Sessions Case No. 9/2024 vide order dated 10.12.2024 passed in S.B. Criminal Revision Petition No.2082/2024 titled as Ayub Vs. State of Rajasthan. 3. It has been argued that the petitioner is languishing in jail without trial since long and his fundamental right of life and liberty and right to have a speedy trial enshrined under Article 21 of the Constitution of India are being frustrated, that too for no fault on the part of petitioner, hence, in such circumstances, petitioner be released on bail. He further submits that in the case of Mijab Vs. State of Rajasthan, the Co-ordinate Bench of this Court has also granted bail while taking into consideration that there is no progress in criminal trial and the further proceedings of the trial of Sessions Case No.9/2024 has been stated by the court vide order dated 10.12.2024 in criminal revision petition filed by the complainant himself. 4. Learned Additional Government Advocate and learned counsel for the complainant have opposed the submissions made by the learned counsel for the petitioner. 5. Heard learned counsel for both the parties and perused the material available on record. 6. Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced at bar and the fact that there is no specific allegation against the petitioner for inflicting injury either to the deceased- Suwan Khan or injured persons namely Ayub, Taib and Taslim; [2025:RJ-JP:22480] (3 of 4) [CRLMB-3906/2025] petitioner is in custody since 16.03.2024 and despite filing of charge-sheet and framing of charges, petitioner is in jail without trial as the complainant Ayub himself has obtained stay on the further proceedings of trial of Sessions Case No. 9/2024 vide order dated 10.12.2024 passed in S.B. Criminal Revision Petition No.2082/2024 titled as Ayub Vs. State of Rajasthan. Thus, there is a breach of fundamental right of petitioner, to have a speedy trial and facing incarceration without trial. Thus, without commenting any opinion on the merits of the case, I deem it just and proper to allow this bail application. 7. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner Asruddin @ Asarmohammed S/o Hazi Haneef shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 8. It is also made clear that present bail application is accepted with following conditions:- (i) Accused-petitioner shall not induce or influence or temper with any prosecution evidence/witness. (ii) Accused-petitioner shall not repeat the similar nature of offence. (iii) Accused-petitioner shall not leave District Deeg & Bharatpur without leave of the trial Court. [2025:RJ-JP:22480] (4 of 4) [CRLMB-3906/2025] (iv) In case, accused-petitioner is found involved in similar offences, during bail granted by this Court or breach of conditions is reported or comes to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court (MANEESH SHARMA),J SOURAV /101