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2025 DAILYLAW 18444 (RAJ)

MOHAMMAD SUMAN S/O MOHAMMAD MEEJAN v. THE STATE OF RAJASTHAN

CRLMB/6129/2025 · 2025-07-29

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:28535] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S.B. Criminal Misc. Bail Application No. 6129/2025 Mohammad Suman S/o Mohammad Meejan, R/o Kacchi Basti, Jhag Bus Stand, Bagru, Police Station Bagru, Jaipur. (At Present Confined In Central Jail, Jaipur). ----Accused/Applicant Versus The State of Rajasthan, Through PP ----Respondent Connected With (2) S.B. Criminal Misc. Bail Application No. 6440/2025 Shakur Ali S/o Mohammad Mizan, Aged About 30 Years, R/o Kachchi Basti, Jhag Bus Stand Bagaru, P.s. Bagaru, District Jaipur (Raj.) (At Present In Judicial Custody At Central Jail, Jaipur). ----Accused/Applicant Versus The State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Vikash Kumar Jakhar, Adv. Mr. Majhar Hussain, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/07/2025 1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order. 2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.218/2025, registered at Police Station Shyam [2025:RJ-JP:28535] (2 of 3) [CRLMB-6129/2025] Nagar, Jaipur City (South), for the offences punishable under Sections 331(4) and 305(a) of B.N.S., 2023. 3. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case. Learned counsel also submits that as per the impugned FIR, the charges levelled against the accused-applicants are for the offences punishable under Sections 331(4) and 305 of B.N.S., 2023 and the same are triable by Judicial Magistrate. Learned counsel contends that vide impugned order dated 03.05.2025, learned trial Court has granted benefit of bail to the other co- accused persons namely Mosina and Ravi Kumar, however, bail applications filed on behalf of the present accused-applicants were rejected only on the ground that six other criminal cases have been registered against the accused-applicant-Shakur Ali and one other criminal case has been registered against the accused- applicant-Mohammad Suman. 4. Learned counsel for the accused-applicants argues that the accused-applicants are in judicial custody since long. Learned counsel also argues that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicants be granted benefit of bail. 5. Learned Additional Government Advocate vehemently opposes these bail applications. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Considering the overall facts and circumstances of the case; looking to the period of custody of the accused-applicants; the [2025:RJ-JP:28535] (3 of 3) [CRLMB-6129/2025] fact that charges levelled against the accused-applicants are triable by Judicial Magistrate; that the charge-sheet has been filed and 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 these bail applications filed by the applicants. 8. Consequently, these bail applications filed under Section 483 of the B.N.S.S., 2023 are allowed. It is ordered that accused- applicants namely (1) Mohammad Suman S/o Muhammad Meejan & (2) Shakur Ali S/o Mohammad Mizan, arrested in connection with FIR No.218/2025, registered at Police Station Shyam Nagar, Jaipur City (South), 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 /122-123