TOSHIF BAHALEEM S/O ISLAM v. THE STATE OF RAJASTHAN
CRLMB/8074/2025 · 2025-08-04
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22443 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22443 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:29804] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8074/2025 Toshif Bahaleem S/o Islam, Aged About 22 Years, Residence Of Peeprali Rod, Near New Masjid, Ward No. 38, Ps Udyog Nagar, District Sikara Present Petitioner R/o Ward No. 13, Rewasha, Ps Jeen Mata, District Sikar ( At Present Confined In Sub Jail, Sambhar Lake) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dinesh Pareek For Respondent(s) : 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 petitioner, who has been arrested in connection with FIR No.332/2024 registered at Police Station Jobner, District Jaipur Rural (Rajasthan) for the offences punishable under Sections 309(4) & 3(5) of BNS and Section 3/25 of Arms Act.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that there is no evidence available on record to implicate the petitioner in the alleged offences. Counsel submits that other co-accused namely Ramjan @ Kalu Kha Qureshi, Vikas @ Vicky & Moh. Anees have been granted benefit of bail by co-ordinate Bench of this Court. It is submitted that trial will take time in its conclusion. Petitioner is
[2025:RJ-JP:29804] (2 of 3) [CRLMB-8074/2025] in custody since 16.05.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that petitioner is habitual offender as two 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, as also the fact that other co-accused namely Ramjan @ Kalu Kha Qureshi, Vikas @ Vicky & Moh. Anees have been granted benefit of bail by co-ordinate Bench of this Court; 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. The bail application is accordingly allowed and it is directed that accused-petitioner Toshif Bahaleem S/o Islam 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 mark his presence in first week of every three month in the concerned police station. [2025:RJ-JP:29804] (3 of 3) [CRLMB-8074/2025]
8. 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. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner.
In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. 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 LALIT MOHAN /236