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2025 DAILYLAW 22920 (RAJ)

TAHIR KHAN PATHAN S/O TAJ MOHAMMED v. THE STATE OF RAJASTHAN

CRLMB/8284/2025 · 2025-07-17

Pramil Kumar Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:26751] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7807/2025 Wahid S/o Mohammad Umar, Aged About 24 Years, R/o Mohalla Teliyan, Ward No. 23, Ramgarh Sethan, P.s. Ramgarh Sethan, District Sikar (Rajasthan) (Accused Confined In District Jail, Jhunjhunu) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7437/2025 Ayan Khan S/o Mohammed Ilyas Khan, Aged About 19 Years, R/o Pathano Ka Mohalla, Hingoniya, Police Station Jobner, Distt. Jaipur Gramin (Rajasthan) (At Present Confined At Distt. Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8284/2025 Tahir Khan Pathan S/o Taj Mohammed, Aged About 24 Years, R/o Pathano Ka Mohalla, Hingoniya, Police Station Jobner, Distt. Jaipur (Rajasthan). (At Present Confined At Distt. Jail Jhunjhunu). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. S.S. Hasan, Sr. Adv. with Mr. Fahad Hasan Mr. Aquif Khan Mr. Mohammed Rahil Kalam For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR [2025:RJ-JP:26751] (2 of 3) [CRLMB-7807/2025] Order 17/07/2025 1. The petitioners have preferred these bail applications under Section 483 of BNSS in FIR No.53/2025 registered at Police Station-Bisau, District-Jhunjhhunu for offences under Section 309(4) of BNS. 2. Since all the bail applications arise out of common FIR, therefore these cases are being decided by a single order. 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in these cases. He submits that the petitioner-Wahid himsel has lodged the FIR, and upon investigation, the police have concluded that the petitioner-Wahid lodged a false FIR with the intention of inducing an amount of ₹15 lakh from his employer Sharwan by staging a false theft with the help of other petitioners-Ayan Khan and Tahir Khan Pathan. He further submits that the offences alleged against the present petitioners are triable by a Magistrate. It is also submitted that no previous criminal cases have been registered against any of the petitioners and the recovery has already been effected. Petitioners-Wahid and Ayan Khan are behind the bars since 19.05.2025 and petitioner-Tahir Khan Pathan is behind the bars since 11.06.2025. Charge-sheet has been filed. The trial of the case may take considerable time, therefore no fruitful purpose would be served by keeping the petitioners in further custody, hence the bail applications of the petitioners may be allowed. [2025:RJ-JP:26751] (3 of 3) [CRLMB-7807/2025] 5. Learned Public Prosecutor has vehemently opposed the bail applications. 6. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 7. Accordingly, the bail applications under Section 483 B.N.S.S. is allowed and it is ordered that the petitioners-Wahid S/o Mohammad Umar, Ayan Khan S/o Mohammed Ilyas Khan and Tahir Khan Pathan S/o Taj Mohammed shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for their appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/172-174