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2025 DAILYLAW 2851 (RAJ)

NASEEM QURESHI S/O SALAMUDDIN QURESHI v. STATE OF RAJASTHAN

CRLMB/367/2025 · 2025-02-18

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7264] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 367/2025 Naseem Qureshi S/o Salamuddin Qureshi, Aged About 40 Years, R/o Aa-12, Jay Ambey Nagar Near New Pavan Restaurant, Gopalpura Mode, Tonk Road, Jaipur 302015, Police Station Bajaj Nagar, Jaipur, Currently Residing At- 103 HDC Apartment Adarsh Nagar Moti Dungari Road Jawahar Nagar Jaipur Police Station, Moti Dungri Jaipur Presently Confined To- Sub Jail, Behror. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ajatshatru Mina Ms. Apeksha Tiwari Mr. Rajat Choudhary Mr. Swadheen Mr. Manav Sharma Mr. Himanshu Mr. Movil For Respondent(s) : Mr. Rajesh Choudhary, GA-AAG with Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/02/2025 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.159/2020 registered at Police Station Behror, District Bhiwadi for the offences under Sections 420, 406, 467, 468 & 471 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submit that there is contractual dispute between the parties. It is submitted that contract was awarded in favour of [2025:RJ-JP:7264] (2 of 3) [CRLMB-367/2025] the petitioner and as per terms of contract, he completed 90% work. Learned counsel contend that despite this, contract was terminated by the department and same was assailed by the petitioner by filing of writ petition wherein notices were issued to department and it was observed that if any proceeding is undertaken by the respondents in pursuance of tender notice dated 26.02.2021, the same shall be subject to final outcome of the present writ petition and no third party right to be created in favour of any successful bidder, during pendency of the writ petition. It is contended that entire offence is based on documents and same are in power and possession of investigation agency. Learned counsel argue that petitioner has no criminal antecedents and he is in custody since 09.12.2024. Further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor oppose the submissions made by the learned counsel for the petitioner. He submits that there is serious allegation against the petitioner that he submitted forged bank guarantee to the deparment. 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, as also considering the material available on record in the form of case diary and the fact that matter pertains to FIR registered in the year 2020 wherein arrest of the petitioner has been made in December 2024; absence of criminal antecedents, but without commenting anything on the [2025:RJ-JP:7264] (3 of 3) [CRLMB-367/2025] merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Naseem Qureshi S/o Salamuddin Qureshi, 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. The observation made hereinabove is only for just decision of the bail and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /113