[2025:RJ-JP:33046] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9909/2025 Sabbir S/o Sirdar, Aged About 45 Years, R/o Village Kawan Ka Vas, Police Station Khoh, District Deeg (Raj.) (At Present In Sub Jail Deeg, Bharatpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Girish Khandelwal HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/08/2025 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.234/2023 registered at Police Station Khoh, District Deeg (Rajasthan) for the offences punishable under Sections 147, 148, 149, 323, 341, 307 & 302 of IPC and Section 3/25 of Arms Act. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 109 & 302 of IPC and Section 3/25 of Arms Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that co- accused namely- Munshi, Miraj, Sahin & Asruddin @ Asarmohammed have already been granted benefit of bail by co- ordinate Bench of this Court, after considering the fact that allegation of causing firearm injury on the person of the deceased is against Khurshid, Hanif & Rafiq. Counsel submits that a Revision Petition was preferred by the Complainant wherein trial of the case [2025:RJ-JP:33046] (2 of 3) [CRLMB-9909/2025] has been stayed by the co-ordinate Bench of this Court. It is submitted that petitioner is in confinement without any trial. Counsel submits that petitioner is in custody since 16.11.2023 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by counsel for the petitioner. Counsel for the complainant submits that petitioner is a habitual offender as it has been observed by the learned trial Court that ten other cases have been registered against him. It is submitted that one video has also been recovered in this matter wherein petitioner can be seen carrying a firearm. 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, especially considering the material available on record in the form of charge-sheet, as also the fact that co-accused namely- Munshi, Miraj, Sahin & Asruddin @ Asarmohammed have already been granted benefit of bail by co-ordinate Bench of this Court, so also the fact that allegation of causing firearm injury on the person of the deceased is against Khurshid, Hanif & Rafiq and trial has been stayed by the co-ordinate Bench of this Court as well as looking to the 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. 6. The bail application is accordingly allowed and it is directed that accused-petitioner- Sabbir S/o Sirdar shall be released on [2025:RJ-JP:33046] (3 of 3) [CRLMB-9909/2025] 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. Considering the criminal antecedents of the petitioner, 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. 8. Concerned SHO is directed to maintain a register recording 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. 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 him by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are 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 /192