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2025 DAILYLAW 24704 (RAJ)

ANISH KHAN S/O SHRI ARSAD v. STATE OF RAJASTHAN

CRLMB/9120/2025 · 2025-09-20

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:38881] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9120/2025 1. Anish Khan S/o Shri Arsad, Aged About 22 Years, R/o Village Chanduki, Police Station Sadar, District Alwar (Raj.) (Presently Accused Is In Central Jail Alwar) 2. Mubarik Khan S/o Shri Arsad, Aged About 25 Years, R/o Village Chanduki, Police Station Sadar, District Alwar (Raj.) (Presently Accused Is In Central Jail Alwar) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gurvinder Singh For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/09/2025 1. This bail application has been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.357/2025 registered at Police Station Sadar Alwar, District Alwar for offences punishable under Sections 111(2)(b), 112(2), 316(2), 318(4), 319(2), 351(3) & 61(2) of Bharatiya Nyaya Sanhita, (in short, ‘BNS’) 2023, Section 66D of I.T. Act and Section 42(2) of Telecommunications Act, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that no private complaint has been made against the petitioners. It is submitted that petitioners have been made accused in this case solely on the basis of the fact that some [2025:RJ-JP:38881] (2 of 3) [CRLMB-9120/2025] applications were found in the mobile phones of the petitioners which were allegedly being used for sextortion. Learned counsel contends that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion. Counsel submits that petitioners are in custody since 26.06.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by 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 arguments advanced by learned counsel for the petitioners, especially considering the material available on record, so also the fact that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners – (1) Anish Khan S/o Shri Arsad, and (2) Mubarik Khan S/o Shri Arsad, shall be released on bail provided, each of them shall furnish 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 [2025:RJ-JP:38881] (3 of 3) [CRLMB-9120/2025] 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 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 are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /57