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2025 DAILYLAW 31304 (RAJ)

MOHSIN KHAN S/O SHRI MOHD. ASEEM v. STATE OF RAJASTHAN

CRLMB/12427/2025 · 2025-09-24

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39452] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12427/2025 Mohsin Khan S/o Shri Mohd. Aseem, Aged About 28 Years, R/o Idgah Ke Pass, Kishorpura, Kota At Present Gautam Vatika Ke Pass Wali Gali, P.S. Dadabari, Kota City (Raj.). (Accused At Present Confined In Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Samarth Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt.G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/09/2025 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.243/2025 registered at Police Station Vigyan Nagar, District Kota City for the offence punishable under Section 299 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 for which maximum punishment is three years. He further submits that petitioner as well as other co-accused has already expressed regret for hurting religious feelings. He argues that other co-accused persons have already been granted benefit of bail by this Court. He contends that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He further contends that the petitioner is in custody since his date of arrest and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:39452] (2 of 2) [CRLMB-12427/2025] 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 for which maximum punishment is three years; other co-accused persons have been granted benefit of bail by this Court; 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– Mohsin Khan S/o Shri Mohd. Aseem 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 herein above is only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/S-264