MOHAMMAD AKHTAR S/O MOHAMMAD ATEEK v. STATE OF RAJASTHAN
CRLMB/11615/2025 · 2025-09-20
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30130 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30130 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:38883] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11615/2025 Mohammad Akhtar S/o Mohammad Ateek, R/o House No. 3, Aman Colony, Police Station Vigyan Nagar, Kota City, At Present Lodged In The Central Jail, Kota. ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11801/2025 Aditya Chouhan S/o Shri Satya Narayan, R/o Chhoti Idgah Road, Kishorpura, P.S. Kishorpura, Kota City (Accused At Present Confined In Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Ashvin Garg, Adv., and Mr. Samarth Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP, Mr. Gaurav Gupta, Asstt.G.A.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 20/09/2025
1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.243/2025 registered at Police Station Vigyan Nagar, District Kota City for the offence punishable under Section 299 of BNS, 2023.
[2025:RJ-JP:38883] (2 of 3) [CRLMB-11615/2025]
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submit that alleged offence is triable by Magistrate for which maximum punishment is three years. They further submit that petitioners have already expressed regret for hurting religious feelings. They contend that there are no criminal antecedents against the petitioners and trial of the case will take considerable time in its conclusion. They further contend that the petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners.
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 petitioners, especially the fact that alleged offence is triable by Magistrate for which maximum punishment is three years; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1. Mohammad Akhtar S/o Mohammad Ateek, and 2. Aditya Chouhan S/o Shri Satya Narayan shall be released on bail provided, each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of
[2025:RJ-JP:38883] (3 of 3) [CRLMB-11615/2025] Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they 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. The observation made herein above is only for decision of these bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J MADAN/113-114