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2025 DAILYLAW 2863 (RAJ)

ISAB S/O SUFEDA v. STATE OF RAJASTHAN

CRLMB/353/2025 · 2025-02-14

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6700] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15913/2024 1. Mustak S/o Tahir, Aged About 27 Years, R/o Village Manothadi, Police Station Kishangarh Bas, District Khairthal-Tijara, Rajasthan. (At Present Confined In Sub Jail Kishangarhbas) 2. Anis S/o Isab, Aged About 35 Years, R/o Village Manothadi, Police Station Kishangarh Bas, District Khairthal-Tijara, Rajasthan. (At Present Confined In Sub Jail Kishangarhbas) 3. Amjad S/o Tahir, Aged About 24 Years, R/o Village Manothadi, Police Station Kishangarh Bas, District Khairthal-Tijara, Rajasthan. (At Present Confined In Sub Jail Kishangarhbas) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 353/2025 Isab S/o Sufeda, Aged About 64 Years, R/o Village Manothadi, Ps Kishangarh Bas, Dist. Khairthal-Tijara, Raj. (At Present Confined In Sub Jail Kishangarhbas) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Sumer Singh Ola For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Sanjay Khan HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/02/2025 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.550/2024 registered at Police Station Kishangarh Bas, District Kairthal-Tijara (Raj.) for the offences punishable under Sections 189(2), 115(2), 126(2), 127(2) & 307 of BNS. After completion of investigation, police filed [2025:RJ-JP:6700] (2 of 3) [CRLMB-15913/2024] charge-sheet in this matter for the offences punishable under Sections 189(2), 115(2), 126(2), 127(2), 117(2), 110, 118(1) & 140(3) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that none of the injuries sustained to injured person has been opined as dangerous to life. He submits that maximum punishment for the alleged offences is seven years. Petitioners are in custody since their date of arrest. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant opposes the submissions made by learned counsel for the petitioners. They submit that three other cases have been registered against the petitioner-Isab. 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 as also considering the nature of injuries; trial will take time in its conclusion; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Mustak S/o Tahir, 2) Anis S/o Isab, 3) Amjad S/o Tahir & 4) Isab S/o Sufeda [2025:RJ-JP:6700] (3 of 3) [CRLMB-15913/2024] 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 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. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence once in three months in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioner fail to mark their 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 any breach 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 them by this Court. 10. 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 /368-369