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[2025:RJ-JP:30405] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8589/2025
1. Kayam S/o Jakar, Aged About 20 Years, R/o Village Kathol, Police Station Pahari, District Deeg, Rajasthan. (At Present Accused Is Confined In District Jail Deeg)
2. Haidar S/o Kala, Aged About 20 Years, R/o Village Chorgarhi, Police Station Khoh, District Deeg, Rajasthan. (At Present Accused Is Confined In District Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8607/2025 Altaf S/o Inam, Aged About 20 Years, R/o Village Ghiseda, Police Station Pahari, District Deeg, Rajasthan. (At Present Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8672/2025 Rahil S/o Samsu, Aged About 23 Years, R/o Solaka, Police Station Pahadi, District Deeg, Rajasthan. (Currently In Sub Jail, Deeg, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8762/2025 Irfan S/o Akoob, Aged About 24 Years, R/o Village Gadhaner, Police Station Pahadi, District Deeg, (Rajasthan) (At Present In Sub Jail Kaman, Deeg). ----Petitioner Versus
[2025:RJ-JP:30405] (2 of 4) [CRLMB-8589/2025] The State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8763/2025 Mujkkir S/o Arsad, Aged About 24 Years, R/o Gheeseda, Police Station Pahadi, District Deeg, Rajasthan. (Currently In Sub Jail, Deeg, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Arafat Hussain Mr. Sanjay Khan Mr. Harendra Singh Sinsinwar Mr. Surendra Singh Sunda Mr. Mritunjya Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 01/08/2025
1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.123/2025 registered at Police Station Pahari, District Deeg for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2) & 61(2)(a) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023 and Section 66D of I.T. (Amended) Act, 2008.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submit that alleged offences are triable by Magistrate. It is submitted that trial will take considerable time in
[2025:RJ-JP:30405] (3 of 4) [CRLMB-8589/2025] its conclusion. It is submitted that petitioners have no criminal antecedents and they are in custody since their date of arrest. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned 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 argument advanced by learned counsel for the petitioners especially the fact that alleged offences are triable by Magistrate; petitioners have no criminal antecedents and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Kayam S/o Jakar, (2) Haidar S/o Kala, (3) Altaf S/o Inam, (4) Rahil S/o Samsu, (5) Irfan S/o Akoob, and (6) Mujkkir S/o Arsad, 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.
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
[2025:RJ-JP:30405] (4 of 4) [CRLMB-8589/2025] mark their presence in first week of every month in the concerned police station, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance.
10. 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.
11. The observations made hereinabove is only for the decision of these bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J CHARU SONI /260-264