[2025:RJ-JP:33284] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10591/2025 Rafiq Mohammad S/o Taj Mohammad, Aged About 65 Years, R/o Pinari Chowk, Near Masjid, Purana Sahar, District Ajmer (Ra- jasthan) (At Present In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Tapesh Agarwal, 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.253/2024 registered at Police Station Kishangarh, District Ajmer (Rajasthan) for the offences punishable under Sections 189(2), 115(2), 333, 110 & 305(a) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged incident took place in spur of the moment. Counsel submits that it appears from the medical report of the injured that he sustained one injury on the right temporal region which has been caused by blunt object and other injury on the left side of the neck which has been opined as simple in nature and same has also been caused [2025:RJ-JP:33284] (2 of 3) [CRLMB-10591/2025] by blunt object. Counsel submits that co-accused namely- Farukh Mohammad, Rafiq Mohammed S/o Bashir Mohammed and Mohammed Javed have already been granted benefit of bail by co- ordinate Bench of this Court. It is contended that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 25.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned GA-cum-AAG and Public Prosecutor oppose the submissions made by counsel for the petitioner. It is submitted that injury No.1 i.e., injury on the right temporal region has been opined as dangerous to life. 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 considering the material available on record, as also the fact that co-accused namely- Farukh Mohammad, Rafiq Mohammed S/o Bashir Mohammed and Mohammed Javed have already been granted benefit of bail by co- ordinate Bench of this Court, there are no criminal antecedents against the petitioner 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 this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Rafiq Mohammad S/o Taj Mohammad shall be released on bail provided he furnishes a personal bond in [2025:RJ-JP:33284] (3 of 3) [CRLMB-10591/2025] 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. 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 /124