Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 16530 (RAJ)

SAMEER URF ENCHI S/O SHAKIR HUSAIN v. STATE OF RAJASTHAN

CRLMB/5468/2025 · 2025-06-12

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:23168] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5468/2025 Sameer Urf Enchi S/o Shakir Husain, Aged About 23 Years, R/o Behind Kureshi Jamat Patanpole Kota Police Thana Makwara Kota City District Kota Rajasthan. (At Present Confined At District Jail Jhalawar). Accused-Petitioner Versus State of Rajasthan through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6544/2025 Rohit Godala @ Kabootar S/o Shri Rajesh Godala, Aged About 21 Years, R/o Shiv Mandir Ke Pass, Sabarmati Colony, Police Station Kaithonipol, Kota, District Kota (Raj.) (Presently Confined In Sub District Jail Bhawanimandi District Jhalawar). ----Petitioner Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Ms. Faziya G. Khan for Mr. Abdul Kalam Khan Mr. Pawan Kumar Verma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 12/06/2025 1. The instant bail applications have been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 457/2024 registered at Police Station Bhawani Mandi District Jhalawar for the offence(s) under Sections 308(2) BNS. 2. Learned counsel for the accused-applicant appearing in one of the application has submitted that accused-applicants are [2025:RJ-JP:23168] (2 of 3) [CRLMB-5468/2025] young men aged 23 and 21 years respectively. It is further submitted that the accused-applicants are sole bread earners for their family. In the instant matter, FIR was lodged after a lapse of six days without any specific names. It is also apprised to the Court that the accused-applicants have no criminal antecedents registered against them. It is further submitted that co-accused has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 15.01.2025. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. 4. Considering the arguments advanced by the counsel for the parties and the fact that the accused-applicants are young persons aged approximately 21 and 23 respectively; that they are sole bread earners for their families looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge them on bail. 5. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that accused-applicant Sameer Urf Enchi S/o Shakir Husain & Rohit Godala @ Kabootar S/o Shri Rajesh Godala shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. Furthermore, taking note of the criminal antecedents registered against the accused-applicants, as an extended interpretation of the provisions of 'community [2025:RJ-JP:23168] (3 of 3) [CRLMB-5468/2025] service' as enshrined under the Bhartiya Nayay Sanhita, and as a reformative approach to re-include the accused-applicants back in the society with a better vision, aim and zeal in life, this court deems it fit to impose an ancillary condition upon the applicants, therefore, it is directed that the accused-applicants shall contribute to the Swach Bharat Abhiyan – initiative of the government, for a period of two months from the date of enlarging on bail, on two hours per day basis, as an honorary work, under the supervision and directions of the SHO qua the FIR (Supra) in consonance with the directions of the Municipal Corporation/Local Administrative authorities concerned. (SAMEER JAIN),J JKP/101-102