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2025 DAILYLAW 31903 (RAJ)

MOHAMMAD SHAKIL ANSARI @ SONU S/O SH. MANSUR ALAM v. STATE OF RAJASTHAN

CRLMB/12702/2024 · 2025-01-16

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:2307] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12702/2024 Mohammad Shakil Ansari @ Sonu S/o Sh. Mansur Alam, Aged About 30 Years, R/o Raj Hair Saloon Ke Pass Wali Gali, Ali Haider Road, Titagarh Thana Titagarh District Choubis Pargana, West Bengal, At Present Gujrati Hotel Dargah District Ajmer, Rajasthan. (At Present Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mohammed Zubeir For Respondent(s) : Mr. N.S. Dhakar, PP 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.31/2024 registered at Police Station Dargah, District Ajmer (Raj.) for the offences punishable under Sections 307 & 323 of IPC. Investigation is being conducted for the offences punishable under Sections 323, 341, 324 & 307 of IPC & Section 4/25 of Arms Act. 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 the alleged incident took place at the spur of moment. He submits that this is a case of sole injury and according to the medical opinion, same has been opined as [2025:RJ-JP:2307] (2 of 3) [CRLMB-12702/2024] dangerous to life, if left untreated. It is submitted that despite service, injured of this case is not appearing before the learned trial court for his testimony. Petitioner is in custody since 02.02.2024 & there are no criminal antecedents against him. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by 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 both the parties as also the fact that this is case of sole injury & despite service, injured is not appearing before the learned trial court for his testimony; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations 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. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Mohammad Shakil Ansari @ Sonu S/o Sh. Mansur Alam, 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 [2025:RJ-JP:2307] (3 of 3) [CRLMB-12702/2024] is transferred, on all subsequent dates of hearing and as and when called upon to do so. (ANIL KUMAR UPMAN),J GAUTAM JAIN /124