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2025 DAILYLAW 20762 (RAJ)

SARFRAJ @ GOLU S/O IKBAL v. STATE OF RAJASTHAN

CRLMB/7187/2025 · 2025-05-30

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:22844] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Third Bail Application No. 7187/2025 Sarfraj @ Golu S/o Ikbal, R/o Prashant Nagar Colony, Police Station Sangod, District Kota, Rajasthan. (Currently In Sub Jail Sangod, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh Sinsinwar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/05/2025 1. This third bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.247/2024 registered at Police Station Sangod, District Kota Rural (Rajasthan) for the offences punishable under Sections 126(2), 115(2), 3(5) & 110 of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 3(5), 109(1) & 117(2) of BNS. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 11.12.2024. Thereafter, second bail application was filed on behalf of the petitioner however, it was also dismissed as withdrawn by this court vide order dated 11.02.2025 while giving liberty to renew the prayer for bail after recording testimony of injured. [2025:RJ-JP:22844] (2 of 3) [CRLMB-7187/2025] Now, injured namely Amit Ansari has been examined during the course of trial thus, this third bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that according to the testimony of injured, it appears that grievous injuries sustained to the injured are on the non-vital part of the body and none of the injuries have been opined as dangerous to life. Petitioner is in custody since 29.09.2024 and trial will take time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner and submits that injured has sustained three grievous injuries. He further submits that petitioner is habitual offender as four other cases have been registered against him. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the fact that all injuries sustained to the injured are on the non-vital part of the body and none of the injuries have been opined as dangerous to life , as also considering the fact that trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this third bail application. 7. This third bail application is accordingly allowed and it is directed that accused-petitioner- Sarfraj @ Golu S/o Ikbal shall [2025:RJ-JP:22844] (3 of 3) [CRLMB-7187/2025] be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. Considering the criminal antecedents of the petitioner, he is directed to mark his presence in first week of every month in the concerned police station and it is made clear that the accused- petitioner shall not involve in any other offence(s) during currency of the bail. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. 10. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 11. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /443