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2025 DAILYLAW 29384 (RAJ)

WASIM S/O SHRI ABDUL SAMI v. STATE OF RAJASTHAN

/11253/2025 · 2025-09-20

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:38865] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11253/2025 Wasim S/o Shri Abdul Sami, Aged About 35 Years, R/o Near Madini Masjid, Kasba Fatehpur, P.s. Kotwali Fatehpur, District Sikar (Raj.) (At Present Confined In Sub Jail Fatehpur Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Vishalakshi Pareek for Mr. Devanshu Sharma For Respondent(s) : Mr. Tapesh Agarwal, PP with Mr. Gaurav Gupta, Asst. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/09/2025 1. This bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.147/2025 registered at Police Station Fatehpur Kotwali, District Sikar for offences punishable under Sections 318(4) and 316(2) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is contended that alleged offences are triable by Magistrate. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 17.06.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:38865] (2 of 3) [CRLMB-11253/2025] 3. Per contra, learned Public Prosecutor opposes the prayer for bail made by learned counsel for the petitioner and submits that petitioner is a habitual offender as five other cases have been registered against him out of which, four are of similar nature. 4. Heard. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially considering the fact that alleged offences are triable by Magistrate and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Wasim S/o Shri Abdul Sami, 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. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the [2025:RJ-JP:38865] (3 of 3) [CRLMB-11253/2025] petitioner fails to mark his 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 him by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /95