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2025 DAILYLAW 21467 (RAJ)

ATIQ UR RAHAMAN S/O SHRI ABDUL LATEEF v. STATE OF RAJASTHAN

CRLMB/7448/2025 · 2025-07-28

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:28446] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7448/2025 Atiq Ur Rahaman S/o Shri Abdul Lateef, Aged About 39 Years, R/o House No. 453, Gali Bahar Wali Chhatta Lal Miya G.p.o. Dariyaganj Central Police Station Dariyaganj National Capital Area Delhi. (At Present Confined Central Jail Jaipur Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. R.B. Sharma (Ganthola) For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/07/2025 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. 309/2025 registered at Police Station Sanganer Sadar, District Jaipur City (South) for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that the alleged offence is triable by Magistrate for which maximum term of sentence is three years. It is contended that trial of the case will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 21.04.2025 [2025:RJ-JP:28446] (2 of 3) [CRLMB-7448/2025] and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that petitioner is a habitual offender as nine other cases have been registered against him. 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, especially considering the fact that alleged offence is triable by Magistrate for which maximum term of sentence is three years and trial will take time in its conclusion as well as looking to the 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 – Atiq Ur Rahaman S/o Shri Abdul Lateef 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. 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall [2025:RJ-JP:28446] (3 of 3) [CRLMB-7448/2025] mark his presence in second 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 petitioner, as directed above. In case the petitioner fails to mark his 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. 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. Office is directed to send copy of this order to the concerned SHO for necessary compliance. 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 pcg/184