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2025 DAILYLAW 24051 (RAJ)

SHAHRUKH @ MOTA @ IRFAN S/O MOHAMMAD HANEEF v. STATE OF RAJASTHAN

CRLMB/8808/2025 · 2025-07-12

Chandra Prakash Shrimali

body2025

Judgment text

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[2025:RJ-JP:25937] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8808/2025 Shahrukh @ Mota @ Irfan S/o Mohammad Haneef, Aged About 24 Years, R/o Kureshiyo Ka Mohalla, Sajnabaad, Gulabpura, PS- Gulabpura, District Ajmer Presently Tenant Shabbir Bhai Ka Makan, Gota Factory, Surajpol, Mohammad Hospital Ke Paas, PS- Ramganj, Jaipur, Rajasthan. (Presently Confined In Central Jail Jaipur). ----Accused-Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Martand Pratap Singh For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 12/07/2025 1. This bail application has been filed by the accused-petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the acccused-petitioner, who has been arrested in connection with FIR No.56/2025 registered at Police Station Sadar (Jaipur) District Jaipur (West) for the offence(s) under Section(s) 307 of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner is innocent and he has been falsely implicated in this case. He also submits the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail. [2025:RJ-JP:25937] (2 of 3) [CRLMB-8808/2025] 3. Learned Public Prosecutor has opposed the submissions made by learned counsel for the petitioner. 4. Having considered the facts and circumstances of the present case, and perused the record as also arguments advanced by learned counsel for both the parties, since accused-petitioner is in custody since long, conclusion of trial will take time, there are several cases are pending against the accused-petitioner but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, this bail application under Section 483 B.N.S.S., 2023 is allowed and it is ordered that the accused-petitioner Shahrukh @ Mota @ Irfan S/o Mohammad Haneef is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned Trial Court for his appearance before the Court concerned on all subsequent dates of hearing and as and when called upon to do so. Furthermore, taking note of the criminal antecedents registered against the accused-petitioner, as an extended interpretation of the provisions of ‘community service’ as enshrined under the Bhartiya Nayay Sanhita, and as a reformative approach to re-include the accused-petitioner back in the society with a better vision, aim and zeal in life, this Court deems it fit to impose an ancillary condition upon the petitioner, therefore, it is directed that the accused-petitoner shall contribute to the Swach Bharat Abhiyan – initiative of the government, for a period of two [2025:RJ-JP:25937] (3 of 3) [CRLMB-8808/2025] months from the date of enlarging on bail, on two hours per day basis, as an honorary work, under the supervision and directions of the SHO qua the FIR (supra) in consonance with the directions of the Municipal Corporation/ Local Administrative authorities concerned. 6. Looking to the nature of offence, it is made clear that if the petitioner is found involved in offences of similar nature in future, learned trial Court shall be at liberty to cancel the benefit of bail granted to the accused-petitioner by this Court. (CHANDRA PRAKASH SHRIMALI),J GARIMA /99