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[2025:RJ-JP:37954] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8461/2025 Momin S/o Ummar, Aged About 21 Years, R/o Village Nangal, Police Station Kaithwada, District Deeg, State Raj. (At Present Petitioner Confined In Sub Jail, Deeg). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vafik Choudhary, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt.G.A.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 16/09/2025
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.33/2025 registered at Police Station Kaithwada, District Deeg for the offences punishable under Sections 303(2), 317(2), 319(2), 318(4), 338, 336(3) & 340(2) of BNS, 2023 and Section 66D of IT Act. After completion of investigation, police filed charge-sheet in this matter.
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 petitioner is not named in the FIR.
[2025:RJ-JP:37954] (2 of 3) [CRLMB-8461/2025] He further submits that other co-accused person namely Riyaz has already been granted benefit of bail by a Co-ordinate Bench of this Court. He argues that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He further argues that the petitioner is in custody since 17.06.2025 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that another case of similar nature has also been registered against the petitioner.
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 petitioner is not named in the FIR; other co-accused person namely Riyaz has been granted benefit of bail by a Co-ordinate Bench of this Cour; charge-sheet has been filed and trial will take 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 proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner- Momin S/o Ummar 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
[2025:RJ-JP:37954] (3 of 3) [CRLMB-8461/2025] 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. 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 MADAN/93