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2025 DAILYLAW 27794 (RAJ)

SAMEER S/O SHRI RUSTAM BHAI v. STATE OF RAJASTHAN

CRLMB/10469/2025 · 2025-08-21

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:33052] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9926/2025 Imran @ Irfan S/o Shahjad @ Kalu, Aged About 24 Years, R/o Kumhar Mohalla, Holi Ka Khoont, Suket, Police Station Suket, District Kota (Raj.) (At Present In Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10469/2025 Sameer S/o Shri Rustam Bhai, Aged About 19 Years, R/o Holi Ka Bhoot Suket, Police Station Suket District Kota Rajasthan. (At Present Accused Petitioner Confined In District Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Braj Narain Sharma with Ms. Pragya Sharma Mr. Preetam Saini For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/08/2025 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.189/2025 registered at Police Station Suket, District Kota Rural (Rajasthan) for the offences punishable under Sections 109(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. [2025:RJ-JP:33052] (2 of 3) [CRLMB-9926/2025] 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that though there is injury on the person of the injured but same is superficial in nature as observed by the medical expert. Counsel submits that simple scuffle has been converted into serious criminal offence. Counsel submits that there are no criminal antecedents of the petitioners of similar nature and trial will take considerable time in its conclusion. Counsel submit that petitioners who are young boys in custody since 03.07.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 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, especially considering the material available before me in the form of case diary including nature of injuries; there are no criminal antecedents against the petitioners of similar nature and trial will take considerable 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 fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioner-(1) Imran @ Irfan S/o Shahjad @ Kalu & (2) Sameer S/o Shri Rustam Bhai 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 [2025:RJ-JP:33052] (3 of 3) [CRLMB-9926/2025] 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. 7. The observations made hereinabove are 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 LALIT MOHAN /193-194