Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28717] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4784/2025
1. Robin S/o Kallo, Aged About 20 Years, R/o Dayena Ka Baas, Police Station Sikari, District Deeg. (Accused Petitioner Is At Present Confined In Sub Jail Deeg).
2. Waris S/o Rasool Khan, Aged About 22 Years, R/o Manapuri, Police Station Sikari, District Deeg. (Accused Petitioner Is At Present Confined In Sub Jail Deeg).
3. Sekul S/o Sahun, Aged About 20 Years, R/o Alamshah, Police Station Sikari, District Deeg. (Accused Petitioner Is At Present Confined In Sub Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4905/2025 Vajid Urf Leelu S/o Harun, Aged About 35 Years, R/o Village Kolari, Police Station Nagar, District Deeg. (At Present Accused Petitioner Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Khan Mr. Rahul Sinsinwar Mr. Amir Aziz For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 29/07/2025
1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.91/2025 registered at Police Station Sikari, District Deeg for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(2), 317(4), 317(5), 303(2), 111(2)(a), 313 & 61(2) of Bharatiya Nyaya Sanhita, (in short ‘BNS’), 2023 and Section 66D of I.T. (Amended) Act, 2008. During the course of investigation, offence punishable under section 111(2) has also been added.
[2025:RJ-JP:28717] (2 of 3) [CRLMB-4784/2025]
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that no complaint has been made against the petitioners by any private person. It is submitted that petitioners have been made accused in this case simply on the basis of the fact that some applications were found in their mobile phones. It is submitted that prima facie, offence under Section 111(2) of BNS, 2023 is not made out. Learned counsel contend that petitioners are in custody since 15.03.2025 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioners. He submits that petitioner Vajid is a habitual offender as four other cases have been registered against him.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; especially considering the argument advanced by
learned counsel for the petitioners, as also the fact that petitioners are in custody since 15.03.2025 and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Robin S/o Kallo, (2) Waris S/o Rasool Khan, (3) Sekul S/o Sahun, and (4) Vajid Urf Leelu S/o Harun, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/-
[2025:RJ-JP:28717] (3 of 3) [CRLMB-4784/2025] (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 they 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.
7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their 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.
9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance.
10. 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 them by this Court.
11. The observations made hereinabove is only for the decision of these bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J CHARU SONI /84-85