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2025 DAILYLAW 21635 (RAJ)

SAHID KHAN S/O ISLAM v. THE STATE OF RAJASTHAN

CRLMB/7618/2025 · 2025-08-13

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:31809] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7618/2025 Sahid Khan S/o Islam, Aged About 30 Years, R/o Village Saimla Kalan, Police Station Jaluki, District Deeg (Presently Confined In Sub Jail, Nagar, District Deeg). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7829/2025 1. Iqbal S/o Ibrahim, Aged About 56 Years, R/o Village Saimla Kalan, Police Station, Jaluki, District Deeg. (Presently Confined In Sub Jail, Nagar, District Deeg) 2. Islam S/o Subedar, Aged About 40 Years, R/o Village Saimla Kalan, Police Station, Jaluki, District Deeg. (Presently Confined In Sub Jail, Nagar, District Deeg) ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Aarif Mohammed For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/08/2025 1. These applications for bail filed under Section 483 of BNSS by the applicants-accused Sahid Khan S/o Islam, Iqbal S/o Ibrahim and Islam S/o Subedar in FIR No. 72/2025 dated 13.05.2025 registered at P.S. Jaluki District -Deeg, [2025:RJ-JP:31809] (2 of 4) [CRLMB-7618/2025] whereby the applicants-accused were charged under Sections 238B BNS and 3, 4, 6 and 8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act. 2. The applicants were arrested and is in judicial custody since their arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicants-accused are required for further investigation, the applicants-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsel for petitioners submitted that petitioners were not present at the time of recovery as the police has registered report on hypothecation. He further submitted that there is no evidence to suggest that these petitioners were transporting beaf in tractor on date of incident. He further submitted that these petitioners were never involved in any of offence relating to Bovine Animal Act. He further submitted that investigation is complete and charge-sheet has already been filed. [2025:RJ-JP:31809] (3 of 4) [CRLMB-7618/2025] 5. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from concerned police station and same is taken on record. 6. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of search and seizure of unmanned tractor and 130Kg of beaf, a report is registered against some named persons, who fled on spot and after identification of accused, police has filed charge-sheet against the petitioners but kept pending against 13 persons under Section 193(9) of BNSS. The accused Shahid was arrested on 18.05.2025 whereas Islam and Iqbal were arrested on 20.05.2025. There is no criminal antecedents against Islam and Shahid whereas two cases were registered against Iqbal. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. 9. Thus, the bail applications filed on behalf of applicants- accused Sahid Khan S/o Islam, Iqbal S/o Ibrahim and Islam S/o Subedar, is hereby allowed and the applicant- accused is ordered to be released on bail with condition that each of the petitioners would furnish a personal bond of [2025:RJ-JP:31809] (4 of 4) [CRLMB-7618/2025] ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /267-268