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2025 DAILYLAW 22293 (RAJ)

HANIF S/O ABDUL RASHID BHAI v. STATE OF RAJASTHAN

CRLMB/8051/2025 · 2025-08-04

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:29786] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8051/2025 1. Hanif S/o Abdul Rashid Bhai, Aged About 40 Years, R/o 560 Muharram Chowk, Suket Police Station Suket Distt. Kota Rural (Raj.) At Present Gandher Sanjay Colony, Jhalawar, Police Station Kotwali, Jhalawar Distt. Jhalawar (Raj.) (At Present Confined In Sub Jail Bhawanimandi). 2. Mohammad Rashid Shah S/o Mohammad Shafiq Shah, Aged About 47 Years, R/o Ward No. 7 Makan No. 94 High School Road Pr Jhalrapatan Police Station Jhalrapatan Distt. Jhalawar (Raj.) (At Present Confined In Sub Jail Bhawanimandi). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Dr. Mahesh Sharma For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/08/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.530/2024 registered at Police Station Bhawanimandi, District Jhalawar (Rajasthan) for the offences punishable under Sections 137(2) & 62 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel submits that [2025:RJ-JP:29786] (2 of 3) [CRLMB-8051/2025] alleged first incident took place on 15.10.2024 while matter has been reported to the police on 07.12.2024 after delay of more than 50 days. Counsel submits that except one case against the petitioner Hanif, there are no criminal antecedents against the petitioners. Counsel submits that charge-sheet has been filed in this matter and trial will take considerable time in its conclusion. Counsel contends that petitioners are in custody since 13.12.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 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 petitioners, as also the fact that alleged offences are triable by Magistrate; matter has been reported to the police after delay of fifty days of alleged first incident; charge-sheet has been filed in this matter and trial will take considerable 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 fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners -(1) Hanif S/o Abdul Rashid Bhai & (2) Mohammad Rashid Shah S/o Mohammad Shafiq Shah shall be released on bail provided each of them 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/- [2025:RJ-JP:29786] (3 of 3) [CRLMB-8051/2025] (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they 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. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.s (ANIL KUMAR UPMAN),J LALIT MOHAN /229