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2025 DAILYLAW 24979 (RAJ)

MOHD. JAKIR @ KOLYA S/O MOHD. RAFIK v. STATE OF RAJASTHAN

CRLMB/9232/2025 · 2025-07-31

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:29151] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9232/2025 Mohd. Jakir @ Kolya S/o Mohd. Rafik, Aged About 35 Years, R/o Mohalla Khokhran, Near Ambedkar Circle, Police Station Kotwali, Sikar District Sikar, At Present In Distirct Jail, Sikar. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Ambika Sharma For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 31/07/2025 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.292/2025 registered at Police Station Udhyog Nagar(Sikar), District Sikar (Rajasthan) for the offences punishable under Sections 331(4) & 305(a) of BNS. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel submits that charge- sheet has been filed in this matter. Petitioner is in custody since 29.05.2025 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that petitioner is habitual [2025:RJ-JP:29151] (2 of 3) [CRLMB-9232/2025] offender as eighteen other cases have been registered against him. 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, as also the fact that alleged offences are triable by Magistrate; charge-sheet has been filed in this matter; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner Mohd. Jakir @ Kolya S/o Mohd. Rafik 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 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. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first and third week of every month in the concerned police station till conclusion of the trial. 8. 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 him by this Court. 9. Concerned SHO is directed to maintain a register recording [2025:RJ-JP:29151] (3 of 3) [CRLMB-9232/2025] the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. 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 LALIT MOHAN /394