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[2025:RJ-JP:2724] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail Application No. 170/2025 Afsar S/o Shri Abdul Jabbar, Aged About 25 Years, R/o Nahari Ka Naka, Bandha Basti, Dame Number No. 2, Opp, Manohara Masjid, Police Station Shastri Nagar, Jaipur. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Majhar Hussain For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 20/01/2025
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.294/2024 registered at Police Station Vidhayakpuri, District Jaipur City (South) for the offences punishable under Sections 109(1), 126(2), 189(2) & 190 of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 109(1), 126(2), 189(2), 190, 118(2) & 326(g) of BNS.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that other co-accused persons namely; Faijan @ Anda, Hameed Khan & Ashraj Quarshi have already been granted benefit of bail by this Court. He submits that the
[2025:RJ-JP:2724] (2 of 3) [CRLMB-170/2025] petitioner is not named in the F.I.R. & cross cases have been registered in this matter. It is submitted that F.I.R. was registered against the complainant for the offence punishable under Section 307 of IPC wherein benefit of bail has already been granted to him. Counsel submits that allegation of causing knife injury on the person of injured- Rakesh Singh is attributed to accused- Shaid Sarkar. The injured was hospitalized in the SMS Hospital and on 29.09.2024 he was discharged. Petitioner is in custody since
25.09.2024. Charge-sheet has been filed and trial of the case will take considerable time. 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. She submits that knife injury was inflicted by the co-accused person and petitioner was also present at the place of incident.
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 the fact that co-accused persons have already been granted benefit of bail by this Court & petitioner is not named in FIR and benefit of bail has been granted to complainant in cross-case; charge-sheet has been filed; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations 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.
[2025:RJ-JP:2724] (3 of 3) [CRLMB-170/2025]
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Afsar S/o Shri Abdul Jabbar, 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 DIVYA SAINI /62