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2025 DAILYLAW 14522 (RAJ)

AZHAR MOIN @ ASHUMALIK S/O RAISUDDIN MUSALMAN v. STATE OF RAJASTHAN

CRLMB/4746/2025 · 2025-05-02

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:18478] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4746/2025 Azhar Moin @ Ashumalik S/o Raisuddin Musalman, Aged About 20 Years, R/o Nagori Mohlla Police Station Kotwali District Dausa Rajasthan ( At Present Confined In Sub Jail Rajgadh District Alwar) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 02/05/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.246/2024 registered at Police Station-Tehla, District-Alwar for the offences under Section 303(2) of BNS, 2023. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and the offences are triable by the Magistrate. Counsel further submits that the allegation against the petitioner is for committing the theft of motor cycle and Petitioner is behind the bars since December, 2015. Charge-sheet has been filed. The trial of the case may take [2025:RJ-JP:18478] (2 of 3) [CRLMB-4746/2025] considerable time, hence the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that nine cases are pending against the petitioner, therefore he may not be released on bail. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Azhar Moin @ Ashumalik S/o Raisuddin Musalman shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial. 7. Further, petitioner is directed to mark his presence on every Tuesday and Thursday before the SHO Kotwali, District Dausa till trial is concluded. 8. Concerned SHO is directed to maintain a register for this purpose. In case the petitioner fails to mark his presence in the concerned Police Station as directed above, the concerned SHO will immediately report the matter to the concerned Court in this regard. [2025:RJ-JP:18478] (3 of 3) [CRLMB-4746/2025] 9. If breach of any of the directions 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 the petitioner by this Court. (PRAMIL KUMAR MATHUR),J Arun/184