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2025 DAILYLAW 33004 (RAJ)

AABID @ HABEEB S/O HAYAT KHAN v. STATE OF RAJASTHAN

CRLMB/14254/2024 · 2025-01-13

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:1864] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14254/2024 Aabid @ Habeeb S/o Hayat Khan, R/o Nangli, Police Station Nuh City, District Nuh, Haryana. (At Present Accused Is Confined In Sub Jail Kishangarh Bas). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Aslam S. Khan For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/01/2025 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.177/2024 registered at Police Station Mundawar, District Kairthal-Tijara (Raj.) for the offence punishable under Section 379 of IPC. Investigation was conducted for the offences punishable under Sections 379, 420, 467, 468, 471 & 472 of IPC. However, after completion of investigation, offence under Section 379 IPC has been found proved by the investigation agency and charge sheet has been filed for the said offence. 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 after completion of investigation, police has filed charge-sheet against the petitioner for offence punishable under Section 379 of IPC for which maximum [2025:RJ-JP:1864] (2 of 3) [CRLMB-14254/2024] punishment is three years. Petitioner is in custody since 19.10.2024 whereas trial of the case will take considerable time. 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. He submits that four other cases have been registered against 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, especially the fact that alleged offence is triable by Magistrate for which maximum punishment is three years; charge- sheet has been filed in this matter 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 observation 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 - Aabid @ Habeeb S/o Hayat Khan, 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. [2025:RJ-JP:1864] (3 of 3) [CRLMB-14254/2024] 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence on once in 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 him by this Court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /98