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2025 DAILYLAW 17580 (RAJ)

SONU @ YUSUF QURESHI @ SONU BAMBAIYA S/O SHRI RIYAJ QURESHI v. STATE OF RAJASTHAN

CRLMB/5814/2025 · 2025-08-14

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:31778] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5814/2025 1. Sonu @ Yusuf Qureshi @ Sonu Bambaiya S/o Shri Riyaj Qureshi, Aged About 25 Years, R/o Saiyyad Colony, Char Daraja Bans Ki Puliya, Police Station Galta Gate, Jaipur, Presently Khanabadosh Ramniwapas Bagh, Police Station Lal Kothi, Jaipur. (At Present Confined In Central Jail Jaipur, District Jaipur). 2. Akil @ Pipa S/o Shri Shakil, Aged About 22 Years, R/o House No. J.B. 243, Gali No. 02, Van Vihar Colony, Kachchi Basti Eidgah, Delhi Byepass Road, Police Station Galta Gate, Jaipur, South. (At Present Confined In Central Jail Jaipur, District Jaipur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mukesh Kumar Saini, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 14/08/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.43/2024, registered at Police Station Galta Gate, District Jaipur City (South), for the offence(s) under Section 302 of IPC. 2. Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated under Sections 302, 392, 201 and 34 of IPC. It is contended that the entire case of the prosecution rests upon the circumstantial evidence and it is shown [2025:RJ-JP:31778] (2 of 3) [CRLMB-5814/2025] that the deceased’s mobile phone was recovered from the other co-accused Mohammad Babul, however, the Investigating Officer has not verified that the mobile phone recovered from co-accused Mohammad Babul was owned by the deceased Manjeet Singh. It is aruged that the Investigating Officer PW.12-Likhmaram in his cross-examination has stated that he has not investigated the fact that the said mobile phone was purchased by deceased Manjeet Singh and has also admitted that at the day of occurrence, deceased Manjeet Singh was using the Oppo mobile phone containing I.M.E.I. No.863055068540673 was also not verified. It is further stated that he has not taken the call location of the petitioners showing their presence at the place of occurrence. The Investigating Officer has also admitted that he has not captured any CCTV footage indicating the presence of the petitioners at the place of occurrence. Apart from the recovery of mobile phone, there are no other connecting evidence against the petitioners. The mobile phone was recovered from the other co-accused Mohammad Babul and not from the petitioners. It is further contended that co-accused Mohammad Babul has already been enlarged on bail by this Court vide order dated 10.01.2025 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. 4. Heard and perused the material available on the record. 5. Without expressing anything on the merits of the case. Considering the statement of Investigating Officer PW.12- [2025:RJ-JP:31778] (3 of 3) [CRLMB-5814/2025] Likhmaram, this Court deems it proper to enlarge the accused- petitioners on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioners namely; 1. Sonu @ Yusuf Qureshi @ Sonu Bambaiya S/o Shri Riyaj Qureshi and 2. Akil @ Pipa S/o Shri Shakil, in connection with FIR No.43/2024, registered at Police Station Galta Gate, District Jaipur City (South), shall be enlarged on bail provided both of them furnish 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 Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava/-3