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2025 DAILYLAW 28736 (RAJ)

TOHEED S/O SHRI SAMAYDEEN v. STATE OF RAJASTHAN

CRLMB/11094/2025 · 2025-09-09

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:36441] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10631/2025 Ajruddin S/o Sh. Roshan Khan, Aged About 27 Years, R/o Sohanpur, Police Station Malakheda, District Alwar (Raj.) (At Present Confined In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11094/2025 Toheed S/o Shri Samaydeen, Aged About 22 Years, R/o Mahuwa Khurd At Present Residing At Dhola Palash, Police Station Malakhera, District Alwar (Raj.). (At Present In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Mr. Gajendra Singh Rathore For Respondent(s) : Mr. Alakh Prashar Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/09/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Ajruddin S/o Sh. Roshan Khan and Toheed S/o Shri Samaydeen, seeking bail in respect of a criminal case registered as FIR No.139/2025 dated 05.07.2025 registered at P.S. Akbarpur District – [2025:RJ-JP:36441] (2 of 4) [CRLMB-10631/2025] Alwar, for the offence under Sections 307 and 140(3) of BNS. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned Counsel for petitioners submits that complainant Mubin is present before the Honorable Court and he is having no objection in grant of bail. He further submitted that there is no criminal antecedent against any of the petitioners. Further, they referred that police report was registered against unknown persons and only ₹2,000 were transferred. He further submitted that one co-accused Anurag Singh was granted bail by Learned Trial Court on 22.07.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Learned Counsel for Complainant has submitted that he has no objection in case bail is granted. He also submitted that complainant is present in person to acknowledge his statement. [2025:RJ-JP:36441] (3 of 4) [CRLMB-10631/2025] 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On the basis of report lodged by Mubin Khan on 05.07.2025 about incident of 30.06.2025, a report is registered and same is investigated. Petitioners were arrested and they are in custody. There is no criminal antecedent against the petitioners. Learned Sessions Judge has granted bail to Anurag on 22.07.2025 and currently investigation is in progress. The complainant has no objection as he entered into compromise. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. 9. Thus, the instant bail applications filed on behalf of applicants-accused Ajruddin S/o Sh. Roshan Khan and Toheed S/o Shri Samaydeen, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioners would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- [2025:RJ-JP:36441] (4 of 4) [CRLMB-10631/2025] (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /87-88