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2025 DAILYLAW 33032 (RAJ)

REHANA BANO W/O MOHAMMAD RAFIK v. STATE OF RAJASTHAN

CRLMB/14267/2024 · 2025-02-20

Anil Kumar Upman

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Judgment text

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[2025:RJ-JP:7756] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14267/2024 Rehana Bano W/o Mohammad Rafik, R/o H.N. 11B, WAQF Nagar Near Latif Kirana Store WAQF Nagar P.S. Dadabari District Kota City. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14268/2024 1. Mohammad Rafik S/o Abbu Khan, R/o H.n. 301 Gali No. 8, Udiya Basti Sanjay Nagar, P.s. Vigyan Nagar Kota At Present H.n. 11B, Waqf Nagar Near Latif Kirana Store Waqf Nagar P.s. Dadabari District Kota. (At Present Confined At Central Jail Kota). 2. Amir @ Bhola S/o Mohammad Rafik, R/o H.n. 11B, Waqf Nagar Near Latif Kirana Store Waqf Nagar P.s. Dadabari District Kota. (At Present Confined At Central Jail Kota). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan Mr. Narendra Kumar Meena For Respondent(s) : Mr. Narendra Dhakad, PP with Mr. Gaurav Gupta, Asst. GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/02/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.0242/2024 registered at Police Station Dadabari, District-Kota City for the offences punishable under Sections 115(2), 126(2), 124(2), 3(5) and 303(2) of BNS. [2025:RJ-JP:7756] (2 of 3) [CRLMB-14267/2024] 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that admittedly, the petitioners and complainant/victim are from same family and there is dispute between them with regard to property. Counsel further submit that though there is allegations against the petitioners to cause injuries by throwing acid on the victim, injury report of the victim shows that all the four injuries are simple in nature and so far as injury No.2 is concerned, there is possibility that same is caused by chemical burns. The petitioners are in custody since their date of arrest 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 and submits that there is serious allegations against the petitioners of throwing acid on the victim, who is mother of the petitioner- Mohd. Rafik. 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 parties, material made available in the form of injury report of the victim, trial will take considerable time in its conclusion as well as looking to period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Rehana Bano W/o Mohammad Rafik (2) Mohammad Rafik S/o Abbu Khan and (3) Amir @ Bhola S/o Mohammad Rafik 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 [2025:RJ-JP:7756] (3 of 3) [CRLMB-14267/2024] 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. 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. The accused-petitioners will not enter in the house of the victim. 8. If breach of any of these conditions is reported or come to the notice of the Court, 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 Sunita/77-78