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2025 DAILYLAW 22568 (RAJ)

ALIJAN S/O RAKMUDDIN v. STATE OF RAJASTHAN

CRLMB/8159/2025 · 2025-08-05

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:30058] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6099/2025 Aarif S/o Jan Mohammad Mev, Aged About 31 Years, R/o Palasali, Police Station Tijara, District Khairthal (Raj.) (At Present In District Jail Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8159/2025 Alijan S/o Rakmuddin, Aged About 40 Years, R/o Palsali, Police Station Tijara, District Khairthal, Raj. ( At Present Confined In Sub Jail Hindaun City) ----Petitioner Versus State Of Rajasthan, Through Its Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Aneesh Khan Mr. Sanjay Khan For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/08/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.21/2025 registered at Police Station Mahavir Ji, District Karauli (Rajasthan) for the offences punishable under Sections 305(a), 331(4) & 334(1) of BNS. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that [2025:RJ-JP:30058] (2 of 3) [CRLMB-6099/2025] without any evidence, petitioners have been arrested in this case. Counsel submit that alleged offences are triable by Magistrate. Counsel submits that charge-sheet has been filed in this matter. Petitioners are in custody since their date of arrest and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that petitioners are habitual offender as several other cases have been registered against them. 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; charge-sheet has been filed in this matter; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioner-(1) Aarif S/o Jan Mohammad Mev & (2) Alijan S/o Rakmuddin 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/- (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. [2025:RJ-JP:30058] (3 of 3) [CRLMB-6099/2025] 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station till conclusion of the trial. 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 them by this Court. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their 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 /78-79