MOHAMMAD AFZAL S/O SHRI MOHAMMAD AYYUB v. STATE OF RAJASTHAN
CRLMB/9212/2025 · 2025-07-28
Anil Kumar Upman
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 25022 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25022 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28462] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9065/2025 Mohammad Junaid S/o Riyajuddin, Aged About 23 Years, R/o House No. 3766, Babu Ka Tibba, Behind Kabadiyo Ki Masjid, Ramganj Bazar, Police Station Ramganj, Jaipur (Rajasthan). (Presently Accused Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9131/2025 Ramzan Mansoori @ Bhuriya Chauhan S/o Haji Abdul Kareem Mansoori, Aged About 48 Years, R/o House No. 102, Krishna Colony, Karbala, Ramgad Mod, Jaipur Police Station Brahmpuri, Jaipur. (Presently Lodged In Central Jail At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9212/2025 Mohammad Afzal S/o Shri Mohammad Ayyub, Aged About 25 Years, R/o House No. 66 Naya Hospital Ke Pas, Painter Colony, Nahari Ka Naka Shastri Nagar Jaipur North. (At Present Accused Petitioner Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9437/2025 Mohammad Rustam S/o Mohammad Rais, Aged About 23 Years, R/o Golden City Near Jhadu Ki Factory, Nale Upar, Nai Ki Thadi, Police Station Jaisinghpura Khor, Jaipur North. (Presently Accused Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ankit Kumar, Mr. Chitransh Saxena & Mr. Abhimanyu Chundawat for Mr. Kapil Gupta Mr. Shantanu Pareek Mr. Liyakat Khan Mr. Faisal Khan Mr. Majhar Hussain For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Abdul Hameed Khan, for complainant
[2025:RJ-JP:28462] (2 of 3) [CRLMB-9065/2025] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/07/2025
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.109/2025 registered at Police Station Sanjay Circle, District Jaipur City (North) for the offences punishable under Sections 115(2), 126(2) & 3(5) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Investigation is being conducted for offences under Sections 115(2), 126(2), 49, 190, 191(3) & 110 of Bharatiya Nyaya Sanhita, (in short ‘BNS’), 2023.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that except one grievous injury on the leg of the injured, all injuries are simple in nature. It is submitted that except one other case which is registered against petitioner- Ramzan, there are no criminal antecedents against the petitioners. Counsel submit that petitioners are in custody since long and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by learned counsel for the petitioners. It is submitted that in a very planned manner, offence has been committed by the petitioners. It is further submitted that injured has sustained five injuries including one grievous injury.
4. I have considered the contentions.
[2025:RJ-JP:28462] (3 of 3) [CRLMB-9065/2025]
5. Having regard to the totality of the facts and circumstances of the case; especially considering the argument advanced by
learned counsel for the petitioners, material available on record in the form of case diary, so also considering the nature of injury and trial will take considerable 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 these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Mohammad Junaid S/o Riyajuddin, (2) Ramzan Mansoori @ Bhuriya Chauhan S/o Haji Abdul Kareem Mansoori, (3) Mohammad Afzal S/o Shri Mohammad Ayyub, and (4) Mohammad Rustam S/o Mohammad Rais, 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. The observations made hereinabove is only for the decision of the instant bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J CHARU SONI /401-404