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2025 DAILYLAW 17611 (RAJ)

IQBAL @ CHHATIY S/O NIJAMUDDIN @ NIYAJ MOHAMMAD v. STATE OF RAJASTHAN

CRLMB/5833/2025 · 2025-07-10

Chandra Prakash Shrimali

body2025

Judgment text

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[2025:RJ-JP:25512] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5833/2025 Iqbal @ Chhatiy S/o Nijamuddin @ Niyaj Mohammad, Aged About 34 Years, R/o House No. 451, Gali No. 5, Near Dakaniya Railway Station, Govind Nagar, Police Station Udyog Nagar, Kota, Presently Tenant Of House No 473, Opp. J.k., Police Station Bombay Yojna, Police Station Udyog Nagar, District Kota (Rajasthan) (At Present Confined In Central Jail Ajmer, District Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Anushree Sharma For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Judgment 10/07/2025 1. This bail application has been filed by the petitioner under Section 483 of B.N.S.S. in connection with FIR No.331/2024 registered at Police Station Kekri city, District Kekri for the offences under Section(s) 331(3) and 305(a) of BNS. 2. Learned counsel appearing on behalf of petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is in custody since long and conclusion of the trial will take considerable time, hence the petitioner may be enlarged on bail. 3. Learned Public Prosecutor appearing for the State has opposed the bail application. 4. Having considered the facts and circumstances of the present case, and perused the record as also arguments advanced by learned counsel for both the parties, since petitioner is in custody since long, after completion of investigation charge-sheet has already been filed, conclusion of trial will take time, there are [2025:RJ-JP:25512] (2 of 2) [CRLMB-5833/2025] several cases pending against the accused-petitioner but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 5. Therefore, this bail application is allowed and accused- petitioner Iqbal @ Chhatiy S/o Nijamuddin @ Niyaj Mohammad, is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so. Furthermore, taking note of the criminal antecedents registered against the accused-petitioner, as an extended interpretation of the provisions of ‘community service’ as enshrined under the Bhartiya Nayay Sanhita, and as a reformative approach to re-include the accused-petitioner 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 petitioner, therefore, it is directed that the accused-petitoner 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. ( CHANDRA PRAKASH SHRIMALI),J Diksha/173