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2025 DAILYLAW 2724 (RAJ)

YUSUF S/O DEENU v. STATE OF RAJASTHAN

CRLMB/263/2025 · 2025-01-24

Mahendar Kumar Goyal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3558] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 263/2025 Yusuf S/o Deenu, Aged About 35 Years, R/o Kanwadi, Police Station Pahadi, District Deeg (Raj.) (At Present Accused-Petitioner Confined In Sub Jail Deeg). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ankit Khandelwal For Respondent(s) : Mr. Rishiraj Singh Rathore, P.P. HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 24/01/2025 The present miscellaneous 2nd bail application has been filed under Section 483 B.N.S.S. The petitioner has been arrested in connection with FIR No.451/2020 registered at Police Station Sikri, District Bharatpur for the offence(s) under Sections 3, 5 and 8 of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (for brevity, “Act of 1995”) and Section 16/54 of Rajasthan Excise Act, 1950 (for brevity, “Act of 1950”) and Sections 3/25 and 6 of the Arms Act, 1959 (Amendment 2019), Sections 307, 473, 34 and 332 of IPC and Section 3 of PDPP Act, 1984 and later on for the offence(s) under Sections 16/54 of the Act of 1950 and Sections 473 and 34 of IPC and Sections 3, 5/8 of the Act of 1995. Learned counsel for the petitioner submits that he has falsely been implicated in this case. He submits that he is in custody [2025:RJ-JP:3558] (2 of 3) [CRLMB-263/2025] since 12.02.2024 and not a single prosecution witness has been examined so far. He submits that it is alleged in the FIR that he, along with 17 other co-accused persons, was identified in the headlight of jeep and dragon torch light. He further submits that although, the FIR contains an allegation that the accused party tried to murder the Police party with a slew of gunfire shots; but, neither any empty cartridge was found from the place of incident nor, charge-sheet has been framed either under Section 307 IPC or Arms Act. With regard to the criminal antecedents, learned counsel submits that co-accused persons with criminal antecedents have also been extended benefit of bail by this Court. He, therefore, prays for his release on bail. Per contra, learned Public Prosecutor opposed the prayer. Taking into consideration the contentions advanced by learned counsel for the petitioner, material available in the case diary, his length of custody, the order dated 27.11.2024 framing charges against him and release of co-accused persons on bail by this Court; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed and it is directed that accused-petitioner Yusuf S/o Deenu shall be released on bail under Section 483 B.N.S.S. in connection with afore- mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction [2025:RJ-JP:3558] (3 of 3) [CRLMB-263/2025] of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) B.N.S.S. However, looking to his criminal antecedents, it is made clear that in case the petitioner is found involved in offence(s) of similar nature in future, the learned Jurisdictional Sessions Court/Special Court shall be at liberty to cancel the benefit of bail extended to him by this Court. (MAHENDAR KUMAR GOYAL),J YOGESH/16