SHAKIR ALI S/O VISHAN SWAROOP v. STATE OF RAJASTHAN
CRLMB/11256/2025 · 2025-09-04
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29377 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29377 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:35690] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11256/2025 Shakir Ali S/o Vishan Swaroop, R/o Basai Samanta, Police Station Sadar, District Dholpur (Raj.). (At Present Confined In District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Tanisha Jain Mr. Anil Jain For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 04/09/2025
1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Shakir Ali S/o Vishan Swaroop in FIR No. 297/2025 dated 23.08.2025 registered at P.S. Sadar Dholpur District -Dholpur, whereby the applicant- accused was charged under Sections 4/25 of Arms Act.
2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application.
3.
Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, she submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. She further assures that in case, the applicant-accused is required the
[2025:RJ-JP:35690] (2 of 3) [CRLMB-11256/2025] applicant-accused will be available. She also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.
4.
Learned counsel for petitioner submitted that present petitioner is arrested for offence under Section 4/25 of Arms Act and before arrest, proper procedure of search and seizure is not followed by police. She further submitted that beside present case, one more case was registered against present petitioner and same was disposed of on 11.03.2025. She also submitted that offence is triable by Magistrate.
5. Aforesaid contentions were opposed by learned Public Prosecutor.
6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record.
7. During patrolling, police has found present petitioner with possession of knife, prohibited under the law and a case under Section 4/25 of Arms Act is registered and petitioner is arrested. Another criminal case registered arising out of FIR No. 288/2020 against the petitioner has resulted into acquittal and a copy of order dated 11.03.2025 is placed on record by learned counsel for petitioner.
8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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,
[2025:RJ-JP:35690] (3 of 3) [CRLMB-11256/2025] the Court deems it appropriate to grant bail to the applicant- accused.
9. Thus, the instant bail application filed on behalf of applicant- accused Shakir Ali S/o Vishan Swaroop, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 applicant-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 /201