Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 12357 (RAJ)

HABBI ALIAS HABEEB S/O HAMEEDA v. STATE OF RAJASTHAN

CRLMB/4047/2025 · 2025-03-24

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:13089] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Third Bail Application No. 4047/2025 Habbi Alias Habeeb S/o Hameeda, Aged About 54 Years, R/o Sadan Ka Vas Lalpur, Police Station Kaman, District Deeg, Rajasthan. (At Present Confined In District Jail, Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohd Shakir Khan For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/03/2025 1. The instant third bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.541/2024 registered at Police Station Kaman, District Deeg (Rajasthan) for the offences punishable under Sections 189(2), 115(2), 303(2), 109(1), 324(5), 333, 125 & 126(2) of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 189(2), 115(2), 126(2), 125, 352, 61(2)(a) & 118(2) of BNS. 2. First bail application of the petitioner was dismissed as withdrawn vide order dated 07.01.2025 with liberty to file fresh bail application after submission of result of investigation. Second bail (interim) application of the petitioner was also dismissed as withdrawn vide order dated 21.02.2025. Now, charge-sheet has [2025:RJ-JP:13089] (2 of 3) [CRLMB-4047/2025] been filed in this matter. Thus, this third bail application has been preferred on behalf of petitioner. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that one grievous injury was found on the finger of injured Tajji. Counsel submits that all other injuries sustained by injured persons are simple in nature. Counsel submits that co-accused namely Bashir has been granted benefit of bail by this Court vide order dated 07.01.2025. Petitioner is in custody since 16.12.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. She submits that there is specific allegation against the petitioner to cause sharp injury to the injured and there are two criminal antecedents of the petitioner. 5. I have considered the contentions. 6. 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 material available on record in the form of charge-sheet; nature of injuries; period of custody & trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 7. This third bail application is accordingly allowed and it is directed that accused-petitioner- Habbi Alias Habeeb S/o Hameeda shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand [2025:RJ-JP:13089] (3 of 3) [CRLMB-4047/2025] 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. 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every three month in the concerned police station till conclusion of the trial. 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. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN),J LALIT MOHAN /567