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2025 DAILYLAW 31186 (RAJ)

NAPISH S/O HANIF v. STATE OF RAJASTHAN

CRLMB/12468/2025 · 2025-09-26

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:39721] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12468/2025 Napish S/o Hanif, Aged About 22 Years, R/o Jheetaredi, Police Station Jaluki, District Deeg. (At Present Accused Petitioner Confined In Sub Jail Deeg) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rahul Sinsinwar For Respondent(s) : Ms. Meenakshi Pareek Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Napish S/o Hanif seeking bail in respect of a criminal case registered as FIR No.63/2025 dated 23.04.2025 registered at P.S. Jaluki, District Deeg, for the offence under Sections 189(2), 126(2) and 115 (2) of BNS. 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:39721] (2 of 3) [CRLMB-12468/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant-accused submitted that co- accused Ali Mohammad is granted bail by this Hon’ble Court on 18.09.2025. He submits that injury No. 1 upon Samoon Khan is grievous in nature but caused by blunt weapon. He submits that it is a case of free fight and complainant was aggressor. He submits that due to Navaratra and Vijayadashmi Festival and for celebrating the said Festivals with family members, the applicant may be enlarged on bail. 4. Learned Public Prosecutor and learned counsel for complainant has vehemently opposed the bail applications and submissions made by learned counsel for the applicant- accused. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. Having considered the submissions advanced on behalf of both parties and upon perusal of the material available on record, the Court finds that the grounds raised in support of the bail application, coupled with other facts such as absence of any apprehension regarding absconding of applicant- accused, tampering with evidence, or influencing witnesses, it is justified to grant of bail. 7. Thus, the instant bail application filed on behalf of applicant- accused Napish S/o Hanif, is hereby allowed and the applicant-accused is ordered to be released on bail with condition that applicant would furnish a personal bond of [2025:RJ-JP:39721] (3 of 3) [CRLMB-12468/2025] ₹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 applicants-accused shall be liable to be canceled. 8. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /20