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2025 DAILYLAW 28076 (RAJ)

SAHUN S/O RAZZAQ v. STATE OF RAJASTHAN

CRLMB/10552/2025 · 2025-08-22

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:33201] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10552/2025 Sahun S/o Razzaq, Aged About 38 Years, R/o Village Toda, Police Station Khoh, District Deeg, (Rajasthan) (At Present Accused Is Confined In District Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Arafat Hussain For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/08/2025 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.188/2024 registered at Police Station Khoh, District Deeg (Rajasthan) for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a), 313, 317(5) & 303(2) of BNS and Section 66D of IT Act. Later on, police filed charge-sheet in this matter. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that petitioner has been made accused in this case solely on the basis of police interrogation of other co-accused persons who were apprehended at the spot. Counsel submits that the other co- accused persons who were apprehended at the spot, have been granted benefit of bail by the co-ordinate Bench of this Court. [2025:RJ-JP:33201] (2 of 3) [CRLMB-10552/2025] Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 28.07.2025 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 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, as also the fact that other co-accused persons who were apprehended at the spot, have been granted benefit of bail by co-ordinate Bench of this Court; absence of criminal antecedents of the petitioner; 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. This bail application is accordingly allowed and it is directed that accused-petitioner – Sahun S/o Razzaq 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 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. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the [2025:RJ-JP:33201] (3 of 3) [CRLMB-10552/2025] concerned police station once in three months, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his 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 breach of any 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 petitioner by this Court. 10. Office is directed to send copy of this order to the concerned SHO for necessary compliance. 11. The observation made hereinabove is 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 GAUTAM JAIN /107