MOHAMMAD ISRAT @ NANJI @ ISRAT BACHHA S/O SHABBIR KHAN v. STATE OF RAJASTHAN
CRLMB/7504/2025 · 2025-07-14
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21471 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21471 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:26013] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 7504/2025 Mohammad Israt @ Nanji @ Israt Bachha S/o Shabbir Khan, Aged About 28 Years, R/o Nale Ke Pass, Noori Masjid Ke Peche, Adarsh Nagar, Banjara Colony, Sajidera, Kota Thana Kishorpura Kota District Baran (Raj.). (At Present Confined In District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Buddhi Prakash Meena For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/07/2025
1. Instant second bail application has been filed by petitioner under Section 483 of BNSS in connection with FIR No.629/2022 registered at Police Station Kotwali Baran, District Baran for offences under Sections 307 & 120B of IPC and Section 3/25 of Arms Act. 2. Counsel for petitioner submits that after rejection of first bail application vide order dated 21.03.2024, not a single witness of prosecution has been examined; in the present case petitioner is behind bars since 14.08.2023; in previous criminal cases, petitioner has already been enlarged on bail; other co-accused namely Aman and Saddam have been released on bail by the Sessions Court; injuries of firearm, attributed to injured- Mehboob @ Gariba, are simple in nature, hence, in such circumstances, petitioner be granted benefit of bail. 3. Learned Public Prosecutor, though does not dispute the fact that none of the prosecution witness has been examined in the present
[2025:RJ-JP:26013] (2 of 2) [CRLMB-7504/2025] criminal case, however, opposed the bail application of petitioner, on the ground of pendency of previous criminal cases against the petitioner. 4. Heard counsel for petitioner as well as learned Public Prosecutor and perused the material available on record. 5. Having adverted to the rival contentions of counsel for both parties and taking into consideration the arguments put forth by counsel for petitioner, noted hereinabove, particularly in view of the fact that the trial of prosecution case has not been proceeded since long and petitioner is in custody since 14.08.2023; in other criminal cases, petitioner has been stated to be on bail; other co-accused have been released on bail in the present case, but without commenting on merits of the case, this Court deems it just and proper to release the petitioner on bail, subject to conditions. 6.
6. Accordingly, the second bail application is allowed and it is ordered that the accused-petitioner Mohammad Israt @ Nanji @ Israt Bachha S/o Shabbir Khan shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,50,000/- with two sureties of Rs.75,000/- each, out of which, one should be local surety as the petitioner is resident of District Baran, to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so, on following conditions:- (i) that the petitioner shall cooperate with the trial of present criminal case and shall not repeat the similar nature of offence during bail granted by this Court; (ii) that the petitioner shall not tamper with and influence any of the prosecution witnesses; & (iii) that if the petitioner commits breach of any of the conditions, reported or come to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court. (SUDESH BANSAL),J Sachin/1