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[2025:RJ-JP:24469] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail Application No. 4450/2025
1. Tahir S/o Balsingh, Aged About 40 Years, R/o Vilond, Police Station Kaman, District Deeg, Rajasthan. (Presently Confined In Sub Jail, Deeg).
2. Robin S/o Tahid, Aged About 20 Years, R/o Hathanganv, Police Station Indana, District Nuh Mewat, Haryana. (Presently Confined In Sub Jail, Deeg).
3. Sakil S/o Kasam, Aged About 20 Years, R/o Dallavas, Police Station Punhana, District Nuh Mewat, Haryana. (Presently Confined In Sub Jail, Deeg).
4. Parvej S/o Jamsheed, Aged About 20 Years, R/o Dayana Ka Was, Police Station Sikari, District Deeg, Rajasthan. (Presently Confined In Sub Jail, Deeg). ----Accused-Applicants Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Misc. Bail Application No. 5748/2025 Afsar @ Mohammad Afsar S/o Umar Mohammad, Aged About 32 Years, R/o Karmuka, Police Station Kaman, District Deeg, Rajasthan. (Presently Confined In Sub Jail, Deeg). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Samarth Sharma, Adv. for Mr. Ankit Khandelwal, Adv. Mr. Arafat Hussain, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Jai Prakash Tiwari, Dy.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 03/07/2025
1. As both the bail applications have been filed against the
order of dismissal of bail applications of the present accused-
[2025:RJ-JP:24469] (2 of 4) [CRLMB-4450/2025] applicants pertaining to the same FIR, they are being heard and decided by the instant common order.
2. The present bail applications have been filed by the accused-applicants under Section 483 of the B.N.S.S, 2023 against the orders dated 24.03.2025 & 21.04.2025 passed by learned Additional Sessions Judge, Kaman, District Bharatpur (Raj.) in connection with FIR No.115/2025, registered at Police Station Kaman, District Deeg for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 111(2)(a) & 61(2) of BNS, 2023 and Section 66-D of IT Act, by which the bail applications of the accused-applicants under Section 483 of the B.N.S.S, 2023 have been dismissed.
3.
Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case.
Learned counsel also submits that the accused-applicants namely; Tahir, Robin, Sakil and Parvej were arrested on 05.03.2025 and the applicant-Afsar was arrested on 30.03.2025 and since then, they are behind the bars. Learned counsel contends that the charge-sheet has been filed for the offences punishable under Sections 111, 319(2), 318(4), 338, 336(3), 340(2) & 61(2) of BNS, 2023 and Section 66-D of IT Act. Learned counsel further contends that accused-applicants namely; Robin, Sakil & Parvej are 20 years of age and except the accused-applicant-Tahir, no other criminal case has been registered against the accused- applicants. Learned counsel prays that the trial will take time to conclude, therefore, the accused-applicants be enlarged on bail. 4. On the other hand, learned Public Prosecutor opposes the bail applications. [2025:RJ-JP:24469] (3 of 4) [CRLMB-4450/2025]
5. Heard learned counsel for the parties and also perused the material available on record. 6. Having regard to the facts and circumstances of the case; considering the facts that the accused-applicants namely; Tahir, Robin, Sakil and Parvej are behind the bars since 05.03.2025 and the accused applicant-Afsar is behind the bars since 30.03.2025; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail applications filed by the accused-applicants. 7. Consequently, the bail applications filed under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused- applicants namely; 1. Tahir S/o Balsingh, 2. Robin S/o Tahid,
3. Sakil S/o Kasam, 4. Parvej S/o Jamsheed & 5. Afsar @ Mohammad Afsar S/o Umar Mohammad, arrested in FIR No. 115/2025, registered at Police Station Kaman, District Deeg shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 8. The Accused-Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 9. The accused-applicants are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned Police Station. SHO of the concerned Police Station shall send the presence report of the accused-applicants to learned trial Court every month.
In case of any breach to the
[2025:RJ-JP:24469] (4 of 4) [CRLMB-4450/2025] above condition, learned Deputy Government Advocate shall be free to move the application against the accused-applicants for cancellation of bail before concerned Magistrate. 10. Copy of this order also be sent to concerned SHO for compliance. (ASHUTOSH KUMAR),J Mohita /94-95