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2025 DAILYLAW 16403 (RAJ)

SHAHRUKH S/O SABBIR v. STATE OF RAJASTHAN

CRLMB/5403/2025 · 2025-04-24

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:17480] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5403/2025 1. Shahrukh S/o Shabbir, 2. Lukman S/o Abdul Gani, Both are residents of Melagate Chatikna Puriyapara Karauli, Police Station Kotwali Karauli, District Karauli (Raj.). (The Accused Petitioners are presently confined in District Jail, Karauli). ----Accused-Applicants Versus State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Rajneesh Gupta, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. with Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 24/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 15.04.2025 passed by learned Additional Sessions Judge, Karauli in Criminal Misc. Case No.168/2025 arising out of FIR No.83/2025, registered at Police Station Kotwali (Karauli), District Karauli for the offences punishable under Sections 115(2), 126(2), 189(2), 324(4) and 352 of B.N.S., 2023 (later on for the offences punishable under Sections 117(2), 110 and 3(5) of B.N.S., 2023) by which the bail application of the accused- applicants under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case. [2025:RJ-JP:17480] (2 of 3) [CRLMB-5403/2025] Learned counsel also submits that the charges levelled against the accused-applicant are for the offence punishable under Sections 115(2), 126(2), 189(2), 324(4), 352, 117(2), 110 read with 3(5) of B.N.S., 2023. Learned counsel further submits that as per the injury report, injured-Abdul Ayyub has suffered eight injuries out of which, one injury is on his right hand and the same has been found to be grievous in nature, however, no injury has been found on any vital part of his body, which may come under provisions of the Section 110 of B.N.S., 2023. 3. Learned counsel for the accused-applicant contends that the accused-applicants were arrested on 05.04.2025 and since then, they are behind the bars, trial will take long time to conclude. 4. Learned counsel for the accused-applicant argues that the co-accused persons namely Rajesh S/o Ramkaran and Ramlakhan @ Lakhan S/o Rambharosi have already been enlarged on bail vide order dated 16.04.2025 passed by learned Additional Sessions Judge, Karauli in Criminal Misc. Case No.171/2025. Learned counsel also argues that marriage of niece of the accused-applicants is scheduled to be held on 28.04.2025, therefore, the accused-applicants may be granted benefit of bail. 5. Learned Deputy Government Advocate along with learned Additional Government Advocate vehemently while opposing this bail application submit that looking to the seriousness of the offence committed by the accused-applicants, they should not be granted benefit of bail. 6. Heard learned counsel for the parties and also perused the material available on record. [2025:RJ-JP:17480] (3 of 3) [CRLMB-5403/2025] 7. Admittedly, marriage of niece of the accused-applicants is scheduled to be held on 28.04.2025 and they are behind the bars since 05.04.2025. The co-accused persons namely Rajesh S/o Ramkaran and Ramlakhan @ Lakhan S/o Rambharosi have already been enlarged on bail by learned Sessions Judge, Karauli. 8. Having regard to the facts and circumstances of the case and considering the fact that the applicants are in judicial custody since 05.04.2025 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. 9. 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) Shahrukh S/o Shabbir and (2) Lukman S/o Abdul Gani, arrested in connection with FIR No.83/2025, registered at Police Station Kotwali (Karauli), District Karauli will be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- 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 /191