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2025 DAILYLAW 2966 (RAJ)

IRSHAD ALI @ KUTLA S/O SHRI ALI MOHAMMAD v. STATE OF RAJASTHAN

CRLMB/405/2025 · 2025-01-20

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:2640] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 405/2025 Irshad Ali @ Kutla S/o Shri Ali Mohammad, Aged About 29 Years, R/o Village Bhandara, Police Station Jurhara, District Deeg. (At Present In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vikram Singh Chauhan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.1304/2024 registered at Police Station Muhana, District Jaipur City (West) (Raj.) for the offence punishable under Section 318(4) of BNS. Investigation is being conducted in this matter for the offence punishable under Section 318(4) of BNS. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel further submits that alleged offence is triable by magistrate. Counsel submits that false FIR has been lodged by the police as no one has been cheated in this case and only it has been alleged that some persons are trying to sale the fake gold brick. Counsel further submits that charge-sheet has been filed in this matter. Petitioner is in custody [2025:RJ-JP:2640] (2 of 3) [CRLMB-405/2025] since 18.12.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 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 petitioner, as also the fact that alleged offence is triable by the Magistrate; charge-sheet has been filed in this matter; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Irshad Ali @ Kutla S/o Shri Ali Mohammad 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. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to [2025:RJ-JP:2640] (3 of 3) [CRLMB-405/2025] mark his presence in the concerned police station, 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. (ANIL KUMAR UPMAN), J LALIT MOHAN /291