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[2025:RJ-JP:37897] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11668/2025 Istak Khan S/o Aasu Kha, Aged About 35 Years, R/o Alamshah, Police Station Sikri, District Deeg, Rajasthan. (At Present Accused Is Confined In District Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Arafat Hussain For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 16/09/2025
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Istak Khan S/o Aasu Kha seeking bail in respect of a criminal case registered as FIR No.302/2025 dated 23.08.2025 registered at P.S. Sikri District - Deeg, for the offence under Sections 3/25 of Arms Act.
2.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the
[2025:RJ-JP:37897] (2 of 3) [CRLMB-11668/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3.
Learned counsel for petitioner submitted that on the basis of recovery of country made fire arm of 315 bore and live cartridge, a case is registered. He further submitted that without ensuring presence of independent witnesses, a case is registered. He further submitted that three more cases were shown against the petitioner and he is on bail and they were registered in 2009, 2016 and 2020 respectively but no case is registered during last 5 years. He also submitted that petitioner is not an habitual offender. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 23.08.2025 after receiving an information from informant petitioner was searched and police has found a country made 315 bore fire arm with two live cartridge. After drawing memos a case under Section 3/25 of Arms Act is registered and petitioner is arrested on 23.08.2025, who is in custody. Three criminal cases of year 2009 relating to IPC, 2016 again relating to IPC and Arms Act and 2020 relating to IPC were registered against the petitioner. 7. 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. [2025:RJ-JP:37897] (3 of 3) [CRLMB-11668/2025] 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 applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Istak Khan S/o Aasu Kha, 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. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /214