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2025 DAILYLAW 32786 (RAJ)

ARBAZ SAIFI @ ARBAZ DILLI S/O LIYAKAT SAIFI v. STATE OF RAJASTHAN

CRLMB/14038/2024 · 2025-01-28

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:3998] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14038/2024 1. Arbaz Saifi @ Arbaz Dilli S/o Liyakat Saifi, R/o Chhavani Shama Colony, 1-Kha-6, Gumanpura, Kota. (Presently Confined At Central Jail Kota). 2. Mohammad Aarif @ Meda S/o Mohammad Yusuf, R/o 448-C, Shama Colony, Chhavani, Kota (Raj.). (Presently Confined At Central Jail Kota). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Naseemuddin Qazi For Respondent(s) : Mr. N.S. Dhakar, PP Mr. M.S. Shekhawat, PP Mr. Inderpal Jhakar, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/01/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.381/2024 registered at Police Station Gumanpura, District Kota City for the offences punishable under Sections 189(2), 115(2), 126(2) & 109(2) of BNS. Charge-sheet has been filed for offences punishable under Sections 189(2), 115(2), 126(2), 61(2)(a), 109(1), 117(2), 190, 191(2) & 191(3) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that none of the injuries has been opined as dangerous to life. It is submitted that petitioners are in custody since 20.09.2024. Charge-sheet has been filed, trial will take time in its conclusion and further custody of the petitioners would not serve any fruitful purpose. [2025:RJ-JP:3998] (2 of 2) [CRLMB-14038/2024] 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by the counsel for the petitioners. 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 petitioners, as also the fact that none of the injuries has been opined as dangerous to life; charge-sheet has been filed and trial will take time in its conclusion as also looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioners (1) Arbaz Saifi @ Arbaz Dilli S/o Liyakat Saifi, (2) Mohammad Aarif @ Meda S/o Mohammad Yusuf, shall be released on bail provided each of them shall furnish 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 they 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. (ANIL KUMAR UPMAN),J CHARU SONI /105