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2025 DAILYLAW 30163 (RAJ)

SHAHRUKH KHAN S/O SH. EMAMUDDIN v. STATE OF RAJASTHAN

CRLMB/11687/2025 · 2025-09-20

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:38884] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11687/2025 Shahrukh Khan S/o Sh. Emamuddin, Aged About 30 Years, R/o Ward No. 10 Balara, P.S. Balara, District Sikar (Raj.) (At Present In J.C. At District Jail Sikar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Majhar Hussain, Adv., with Ms. Sonia Saini, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt.G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/09/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.167/2025 registered at Police Station Fatehpur Sadar, District Sikar for offence punishable under Section 309(6) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offence is triable by Magistrate. He further submits that it appears from the FIR that this false FIR has been lodged on account of a money dispute. He argues that no further investigation or interrogation is required from the petitioner. He argues that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He contends that the petitioner [2025:RJ-JP:38884] (2 of 2) [CRLMB-11687/2025] is in custody since his date of arrest and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned 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, especially the fact that alleged offence is triable by Magistrate; 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 the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Shahrukh Khan S/o Sh. Emamuddin 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. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/117