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2025 DAILYLAW 2127 (RAJ)

RAHMAN KHAN S/O SHRI ALI KHAN v. STATE OF RAJASTHAN

CRLMB/169/2025 · 2025-02-04

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:4978] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 169/2025 Rahman Khan S/o Shri Ali Khan, Aged About 73 Years, R/o Plot No. 45, Major Bane Singh Colony, Khatipura, Jaipur, Police Station, Vaishali Nagar, Jaipur (West) At Present Lodged In The Central Jail, Jaipur ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/02/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.1287/2024 registered at Police Station Kardhani, District Jaipur (West) for the offence punishable under Section 108 of BNS. Charge-sheet has been filed for offences punishable under Sections 108, 318(4), 316(2), 303(2), 61(2)(a) & 308 (2) of BNS. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that it is evident from record that there was money dispute between petitioner and deceased. It is submitted that alleged suicide note was written on 25.05.2024 and suicide was committed on 29.11.2024. Learned counsel contends that deceased had lost battle in the civil court and after losing the battle in the civil court, he committed suicide. It is contended that [2025:RJ-JP:4978] (2 of 2) [CRLMB-169/2025] ingredients of Section 45 BNS (107 IPC) are not visible in the present case. Learned counsel argues that petitioner is in custody since 01.12.2024. Charge-sheet has been filed and trial will take time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also considering the material available on record in the form of charge-sheet including suicide note left by deceased; filing of charge-sheet and period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Rahman Khan S/o Shri Ali Khan, shall 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. (ANIL KUMAR UPMAN), J CHARU SONI /54