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2025 DAILYLAW 21159 (RAJ)

ARMAN HUSSAIN @ DABBU S/O SH. IKBAL HUSSAIN @ AKSHAR v. STATE OF RAJASTHAN

CRLMB/7350/2025 · 2025-07-31

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:29517] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7350/2025 Arman Hussain @ Dabbu S/o Sh. Ikbal Hussain @ Akshar, Aged About 23 Years, R/o Gali In Front Of Govind Nagar Chouraha, H.no. 9/226, Udhyog Nagar, Kota City Presently Detained In Central Jail Kota Raj. (At Present In Jail At Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7622/2025 1. Ajay Sahani @ Golu S/o Shri Kamal Sahani, Aged About 22 Years, R/o Wajidpur Bambaiya, Police Station Vibhutipur, District Samastipur Bihar, Presently R/o Bajrang Nagar, Near Dadh Devi Mataji Temple, Dakaniya Station, Police Station Udhyog Nagar, Kota City (Raj.). (At Present Confined In Central Jail, Kota). 2. Deepu Mahawar S/o Shri Ramesh Mahawar, Aged About 24 Years, R/o Shripura Kolipura, Infront Of Baba Ramdev Mandir, Police Station Kaithunipole, Presently R/o Bajrang Nagar, Near Dadh Devi Mataji Temple, Dakaniya Station, Police Station Udhyog Nagar, Kota City (Raj.). (At Present Confined In Central Jail Kota). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 7623/2025 1. Sunil Panchal S/o Shri Premshankar, Aged About 22 Years, R/o Village Hingi, Police Station Sangod, District Kota Gramin, Presently R/o Govinds House Tenant, Gobariya Babdi, Subhash Nagar, Police Station Anantpura, Kota City (Raj.). (At Present Confined In Central Jail Kota). 2. Vijay Saxena @ Kallu S/o Late Shri Narendra Saxena, Aged About 21 Years, R/o House No. 147, Gali No. 3, Surya Nagar, Near Hanuman Mandir, Dakaniya Station, Police Station [2025:RJ-JP:29517] (2 of 4) [CRLMB-7350/2025] Udhyog Nagar, Kota City (Raj.). (At Present Confined In Central Jail Kota). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sajid Ali Mr. Jagdish Nagar For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 31/07/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.221/2024 registered at Police Station R.K. Puram, District Kota City for the offences under Sections 341, 342, 327, 365 & 34 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 341, 342, 327, 364A, 365, 147 & 149 of IPC (Arman Hussain @ Dabbu), offences under Sections 341, 342, 327, 364A, 365, 147 & 149 of IPC and Section 4/25 of Arms Act (Sunil Panchal) and offences under Sections 341, 342, 327, 364A, 365, 147 & 149 of IPC (rest of the petitioners). 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that other co-accused persons, namely, Yogesh Mahawar @ Sunny, Harish Sen @ Monu and Sawan have been granted bail by this Court. It is submitted that case of the [2025:RJ-JP:29517] (3 of 4) [CRLMB-7350/2025] present petitioners is also on similar footing to that of co-accused. It is submitted that trial will take considerable time in its conclusion. It is submitted that petitioners are in custody since long and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. He submits that petitioners are habitual offenders as several other cases have been registered against them. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the argument advanced by learned counsel for the petitioners especially the fact that other co- accused persons have been granted bail by this Court and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Arman Hussain @ Dabbu S/o Sh. Ikbal Hussain @ Akshar, (2) Ajay Sahani @ Golu S/o Shri Kamal Sahani, (3) Deepu Mahawar S/o Shri Ramesh Mahawar, (4) Sunil Panchal S/o Shri Premshankar, and (5) Vijay Saxena @ Kallu S/o Late Shri Narendra Saxena, shall be released on bail provided each of them 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 [2025:RJ-JP:29517] (4 of 4) [CRLMB-7350/2025] the learned trial Court with the stipulation that they 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. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 10. 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 them by this Court. 11. The observations made hereinabove is only for the decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /216-218