[2025:RJ-JP:2204] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11853/2024 Mohammad Ajrudeen Chauhan S/o Alam Ser Chauhan, Aged About 40 Years, R/o Mohalla Karigaran, Behind Hardayal Dharmshala, Ward No. 30, Sikar, Police Station Kotwali, Sikar, District Raj. (At Present Confined In District Jail Sikar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Kumar, Adv., with Mr. Pradeep Bochaliya, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP and Mr. Mamoon Khalid, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/01/2025 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.313/2024 registered at Police Station Kothwali Sikar, District Sikar for the offences punishable under Sections 302, 354, 452, 323, 341 and 34 of IPC. Later on, Police has filed charge-sheet in this matter for the offences punishable under Sections 452, 323, 341, 304, 147 and 149 of IPC. 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 initially, FIR was lodged for the offences punishable under Sections 302, 354, 452, 323, 341 and 34 of IPC. After Investigation, Police has filed charge-sheet for the [2025:RJ-JP:2204] (2 of 3) [CRLMB-11853/2024] offences punishable under Sections 452, 323, 341, 304, 147 and 149 of IPC. He further submits that complainant of this case has been examined during course of trial. He has not supported the prosecution case and he has been declared hostile. He further submits that there are no criminal antecedents against the petitioner and trial of the case will take considerable time. He contends that the petitioner is in custody since 09.06.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the learned counsel for the petitioner, but failed to controvert the fact that complainant of this case has been declared hostile. 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 complainant of this case has been declared hostile during course of trial; charge- sheet has been filed; 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 - Mohammad Ajrudeen Chauhan S/o Alam Ser Chauhan 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 [2025:RJ-JP:2204] (3 of 3) [CRLMB-11853/2024] 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/100