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2025 DAILYLAW 28939 (RAJ)

SHER MOHAMMAD S/O ISLAM v. STATE OF RAJASTHAN

CRLMB/10986/2025 · 2025-09-20

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:38916] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10986/2025 1. Sher Mohammad S/o Islam, Aged About 36 Years, R/o Sarheta, Police Station Ramgarh, District Alwar (Raj.) (Presently The Accused Is In Judicial Custody In Central Alwar). 2. Khurshid S/o Shri Nabba, Aged About 50 Years, R/o Sarheta, Police Station Ramgarh, District Alwar (Raj.) (Presently The Accused Is In Judicial Custody In Central Alwar). 3. Varis S/o Islam, Aged About 28 Years, R/o Sarheta, Police Station Ramgarh, District Alwar (Raj.) (Presently The Accused Is In Judicial Custody In Central Alwar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11349/2025 Khushimal S/o Narubba @ Nabba, Aged About 41 Years, R/o Sarheta, Police Station Ramgarh, District Alwar (Raj.) (Presently The Accused Is In Judicial Custody In Central Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Vijay Singh Yadav, PP, Mr. Gurvindra Singh for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/09/2025 1. These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have [2025:RJ-JP:38916] (2 of 3) [CRLMB-10986/2025] been arrested in connection with FIR No.303/2025 registered at Police Station Ramgarh (Alwar), District Alwar for the offence(s) under Sections 189(2), 115(2), 126(2), 351(2) and 109(2) of BNS. 2. Learned counsel for the petitioner Sher Mohammad S/o Islam does not want to press this criminal misc. bail application and seeks its withdrawal. 3. The criminal misc. bail application is hereby dismissed as withdrawn. 4. Learned counsel for the accused-petitioners Khurshid, Varis and Khushimal submits that the accused-petitioners have falsely been implicated in this case. He further submits that the specific allegations of causing dangerous to life injury to injured Mansed is against petitioner No.1 Sher Mohammad and not against the petitioner Khurshid, Varis and Khushimal. It is also contended that the complainant's party also caused injuries to the petitioner's party and cross case was also lodged against the complainant's party. The accused-petitioners are in custody since long and trial of the case may take considerable time, therefore, these bail applications of the accused-petitioners may be allowed. 5. Learned Public Prosecutor has vehemently opposed these bail applications and contended that the petitioners along with the main accused Sher Mohammad caused fatal injuries to injured Mansed and due to injuries the injured is not in position to render his statement and his statement has not yet been recorded. The other eye witnesses have also stated that the petitioners along with co-accused Sher Mohammad assaulted the injured Mansed [2025:RJ-JP:38916] (3 of 3) [CRLMB-10986/2025] with the aid of farsi and stick. The injuries sustained to injured Mansed was found to be dangerous to life, therefore, considering the above facts, the bail applications of the accused-petitioners may be dismissed. 6. Heard and perused the material available on record. 7. It is not desirable to express anything on the merits of the case. All the eye witnesses in their statements rendered under Section 180 of BNSS have specifically attributed the injury caused to injured at his head to Sher Mohammad, therefore, considering the above facts, I deem it just and proper to enlarge the accused- petitioners on bail. 8. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners namely: 1. Khurshid S/o Shri Nabba, 2. Varis S/o Islam and 3. Khushimal S/o Narubba @ Nabba, in connection with FIR No.303/2025 registered at Police Station Ramgarh (Alwar), District Alwar, shall be enlarged on bail provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/87-88