Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7966] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 153/2025 Shakil Ahmed S/o Barkat Ali, Aged About 23 Years, R/o Balapura Hanuman Ji Ke Mandir Ke Pass, Kanwas, Police Station Kanwas, District Kota. (At Present Confined In Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 156/2025 Yogesh @ Anshu S/o Sanjay Sarasar, Aged About 20 Years, R/o House No. 44, New Sabarmati Colony, Police Station Kaithunipole, Kota City. (At Present Confined In Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gaurav Sharma, Adv., Mr. Nitin Kumar Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 21/02/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.172/2024 registered at Police Station Kanwas, District Kota Rural for the offence punishable under Section 309(4) of BNS, 2023. Later on, Police has filed charge-
[2025:RJ-JP:7966] (2 of 3) [CRLMB-153/2025] sheet in this matter for the offences punishable under Sections 310(2), 331(6), 311, 27(1) of BNS, 2023.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that the petitioners were not arrested with muffled face and therefore, no test identification parade was conducted against them. He further submits that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He argues that the petitioners are in custody since their date of arrest and 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. He submits that other criminal cases have been registered against the petitioners, therefore, bail should not be granted to them.
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 as also looking to the fact that charge- sheet has been filed and trial will take 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. Shakil Ahmed S/o Barkat Ali and 2. Yogesh @ Anshu S/o Sanjay Sarasar shall be released on bail provided each of them furnishes a personal bond
[2025:RJ-JP:7966] (3 of 3) [CRLMB-153/2025] 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 each of them 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 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. 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.
(ANIL KUMAR UPMAN),J MADAN/S-486-487