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2025 DAILYLAW 25753 (RAJ)

FAIZAN S/O SHARAFAT ALI v. STATE OF RAJASTHAN

CRLMB/9527/2025 · 2025-08-08

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:30819] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9447/2025 Soyab @ Hunda S/o Shri Kamaal Mohammad, Aged About 22 Years, Aged About 22 Years 8 Months, R/o Islam Nagar, P.s. Devli Manjhi, District Kota Rural, At Present Shri Saddam Ke Makan Me Kiraye Se, Chhatrapura Talaab, P.s. Vigyan Nagar, Kota (Raj.). (Accused 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. 9527/2025 Faizan S/o Sharafat Ali, Aged About 24 Years, R/o H. No. 2-D-20 Chhatrapura Talab Thana Vigyan Nagar Kota. (At Present Confined At Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Samarth Sharma, Adv., and Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/08/2025 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.151/2025 registered at Police Station Vigyan Nagar, District Kota City for the offence punishable under Section 3/25 of Arms Act. [2025:RJ-JP:30819] (2 of 3) [CRLMB-9447/2025] 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that trial of the case will take considerable time in its conclusion. They contend that the petitioners are in custody since 24.05.2025 and 11.05.2025 respectively 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 and submits that petitioners are habitual offenders as several other cases have been registered against 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 parties, especially the fact that 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. Soyab @ Hunda S/o Shri Kamaal Mohammad, and 2. Faizan S/o Sharafat Ali 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. [2025:RJ-JP:30819] (3 of 3) [CRLMB-9447/2025] 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 and third 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. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observation made herein above is only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/S-445-446