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2025 DAILYLAW 13428 (RAJ)

TAAR MOHAMMAD @ TARA S/O SHRI JUHAR KHAN v. STATE OF RAJASTHAN

CRLMB/4329/2025 · 2025-04-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:15131] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4329/2025 Taar Mohammad @ Tara S/o Shri Juhar Khan, Aged About 39 Years, R/o Shekhpur Bas, Police Station Sadar Alwar, At Present Resident Of Akbarpur, Police Station Akbarpur, Alwar (Raj.) (At Present In Central Jail, Alwar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Surendra Singh Sunda, Adv. For Respondent(s) : Ms. Arti Sharma, PP and Mr. Anil Jain, Adv., for complainant. 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.41/2025 registered at Police Station N.E.B., District Alwar for the offences punishable under Sections 109(1) & 3(5) of BNS, 2023 and Section 3/25 of Arms Act. 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 petitioner is not named in the FIR and complainant/victim has given the affidavit wherein, she has mentioned that the petitioner was not involved in the alleged crime. He contends that trial of the case will take considerable time in its conclusion. He argues that the petitioner is in custody [2025:RJ-JP:15131] (2 of 3) [CRLMB-4329/2025] since 15.02.2025 and 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 and submits that the petitioner is a habitual offender as five other cases have been registered against him. 4. Learned counsel for the complainant does not dispute the factum of compromise. 5. At this stage, learned counsel for the petitioner submits that in two cases, he has already been acquitted by the trial Court. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that complainant has entered into compromise with the petitioner and trial will take time in its conclusion 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. 8. This bail application is accordingly allowed and it is directed that accused-petitioner- Taar Mohammad @ Tara S/o Shri Juhar 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 [2025:RJ-JP:15131] (3 of 3) [CRLMB-4329/2025] transferred, on all subsequent dates of hearing and as and when called upon to do so. 9. 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 month in the concerned police station, till trial is concluded. 10. 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. 11. 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. (ANIL KUMAR UPMAN),J MADAN/268