[2025:RJ-JP:1010] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 44/2025 1. Habbi @ Habeeb S/o Hameeda, Aged About 54 Years, R/o Sadan Ka Vas Lalpur, Police Station Kaman, District Deeg, Rajasthan. (At Present Confined In District Jail, Deeg). 2. Bashir S/o Simru, Aged About 60 Years, R/o Sadan Ka Vas Lalpur, Police Station Kaman, District Deeg, Rajasthan. (At Present Confined In District Jail, Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohd. Shakir Khan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/01/2025 1. Counsel for the petitioners seeks withdrawal of this bail application qua accused-petitioner No.1 with liberty to renew the prayer of bail after submission of result of investigation. 2. Permission sought for is granted. 3. Accordingly, this bail application is dismissed as withdrawn qua accused-petitioner No.1 Habbi @ Habeeb S/o Hameeda with liberty as prayed. 4. So far as accused-petitioner No.2 Bashir S/o Simru is concerned, he has preferred the instant bail application. He is arrested in connection with FIR No.541/2024 registered at Police Station Kaman, District Deeg (Raj.) for the offences punishable under Sections 189(2), 115(2), 303(2), 109(1), 324(5), 333, 125 [2025:RJ-JP:1010] (2 of 3) [CRLMB-44/2025] & 126(2) of BNS. During investigation, offences punishable under Sections 189(2), 115(2), 352, 125, 61, 118(2) & 126(2) of BNS have been found proved against the petitioner No.2. 5. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that age of the petitioner No.2 is 60 years. Counsel submits that petitioner No.2 named in the FIR but there is no specific allegation against him. Petitioner in custody since 16.12.2024. Further custody of the petitioner would not serve any fruitful purpose. 6. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 7. I have considered the contentions. 8. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the counsel for the petitioner No.2; age of the petitioner; petitioner is named in the FIR but no specific allegation levelled against him; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 9. This bail application is accordingly partly allowed qua accused-petitioner No.2 Bashir S/o Simru, 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 [2025:RJ-JP:1010] (3 of 3) [CRLMB-44/2025] 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. (ANIL KUMAR UPMAN), J LALIT MOHAN /402