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2025 DAILYLAW 3293 (RAJ)

IMRAN KHAN S/O SHRI NIJAMUDDIN KHAN v. STATE OF RAJASTHAN

CRLMB/576/2025 · 2025-02-19

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:7440] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 576/2025 1. Imran Khan S/o Shri Nijamuddin Khan, Aged About 44 Years, R/o New Colony, Kota Road, City Kotwali Ke Samne, Kota Road, Bundi, Police Station City Kotwali, District Bundi. (At Present Accused Petitioner Confined In Central Jail Jaipur). 2. Saddamuddin S/o Shri Salamuddin, Aged About 32 Years, R/o Diamond Hotel Ke Paas, Subji Mand Ke Piichhe, Bundi, Police Station City Kotwali, District Bundi. (At Present Accused Petitioner Confined In Central Jail Jaipur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Bheem Sain Bairwa For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/02/2025 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.952/2024 registered at Police Station Shivdaspura, District Jaipur City (East) (Rajasthan) for the offence punishable under Section 303(2) of BNS (corresponding to Section 379 of IPC). 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submits that alleged offence is triable by Magistrate for which maximum [2025:RJ-JP:7440] (2 of 3) [CRLMB-576/2025] punishment is three years. Counsel submits that charge-sheet has been filed in this matter. Petitioners are in custody since 30.11.2024 and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that 13 other cases have been registered against the petitioner Imran Khan and 8 other cases have been registered against the petitioner Saddamuddin. Thus, bail should not be granted to them. 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 alleged offence is triable by Magistrate; charge-sheet has been filed in this matter; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioners (1) Imran Khan S/o Shri Nijamuddin Khan & (2) Saddamuddin S/o Shri Salamuddin shall be released on bail provided they 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 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. [2025:RJ-JP:7440] (3 of 3) [CRLMB-576/2025] 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station. 8. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN), J LALIT MOHAN /134