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2025 DAILYLAW 15185 (RAJ)

RASID S/O JAHAN KHA v. STATE OF RAJASTHAN

CRLMB/5014/2025 · 2025-05-05

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:18776] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5014/2025 1. Rasid S/o Jahan Kha, Aged About 36 Years, R/o Pilsu, Police Station Gopalgarh, District Deeg, Rajasthan. (Currently In Sub Jail, Deeg, Rajasthan). 2. Missal Khan S/o Late Shri Kallu, Aged About 50 Years, R/o Pilsu, Police Station Gopalgarh, District Deeg, Rajasthan. (Currently In Sub Jail, Deeg, Rajasthan). ----Accused/Applicants Versus State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Harendra Singh, Adv. with Mr. Mohan Lal, Adv. & Mr. Ravi, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. Mr. Ravi Shankar Sharma, Adv. on behalf of Mr. Anuj Rohilla, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 05/05/2025 1. The present bail application has been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 against the order dated 29.03.2025 passed by learned Additional Sessions Judge, Kaman, District Bharatpur in Misc. Criminal Case No.369/2025 arising out of FIR No.2/2023, registered at Police Station Gopalgarh, District Bharatpur for the offences punishable under Sections 143, 323, 341, 379, 336, 354, 307 and 427 of IPC (later on for the offences punishable under Sections 147 and 148 [2025:RJ-JP:18776] (2 of 3) [CRLMB-5014/2025] of IPC) by which the bail application of the accused-applicants under Section 439 of Cr.P.C. has been dismissed. 2. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case. Learned counsel for the accused-applicants also submits that in this matter, allegation is also in this case for the offence punishable under Section 307 of IPC for causing gun-shot injury to the injured-Irsad, however, the allegation of causing gun-shot injury has been attributed to the other co-accused namely Sammi and Nabbi and not to the present accused-applicants. 3. Learned counsel for the accused-applicants contends that no other criminal case has been registered against the accused- applicant-Rasid, however, one criminal case was registered against the accused-applicant-Missal Khan for the offences punishable under Sections 323, 341 and 34 of IPC, in the year 2006. 4. Learned counsel for the accused-applicants argues that the accused-applicants were arrested on 17.03.2025 and since then, they are behind the bars. Learned counsel also argues that trial will take long time to conclude, therefore, both the accused- applicants may be granted benefit of bail. 5. Learned Deputy Government Advocate along with learned counsel appearing on behalf of the complainant vehemently oppose this bail application. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Having regard to the facts and circumstances of the case; considering the period of custody of the accused-applicants; the [2025:RJ-JP:18776] (3 of 3) [CRLMB-5014/2025] fact that no allegation of causing grievous injury has been attributed to the accused-applicants and also considering the fact that the 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 application filed by the applicants. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused- applicants namely (1) Rasid S/o Jahan Kha & (2) Missal Khan S/o Late Shri Kallu, arrested in connection with FIR No.2/2023, registered at Police Station Gopalgarh, District Bharatpur will be released on bail; provided each of them furnishes personal bond in the sum of Rs.50,000/- each and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /153