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2025 DAILYLAW 33267 (RAJ)

HAMID @ KALU S/O HARJI v. STATE OF RAJASTHAN

CRLMB/14508/2024 · 2025-02-27

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:8913] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14508/2024 Hamid @ Kalu S/o Harji, Aged About 26 Years, R/o Chitar, Badiya Nahar Kheda, P.s. Sandera, Dist. Beawar (Rajasthan) (Presently Confined In Ajmer Jail ) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Saurabh Vaishnav Mr. Anirudh Tyagi For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Nahar Singh, S.I.(I.O.), at present P.S. Kekri Sadar, Ajmer Mr. Jiya Ur Rahman HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/02/2025 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.315/2024 registered at Police Station Beawar City, District Beawar (Rajasthan) for the offences punishable under Sections 302, 364, 323, 114, 201 & 120B of IPC. Later on, police filed charge-sheet in this matter for the offences same offences. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that there is no eye-witness of this case and petitioner has been made accused solely on the basis of interrogation of the other co-accused persons. Counsel submits that there are no criminal antecedents [2025:RJ-JP:8913] (2 of 3) [CRLMB-14508/2024] of the petitioner. Petitioner is in custody since 06.09.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. 4. Investigating Officer of this case is present in person and under his instructions, learned State Counsel submits that at the time of murder, petitioner was also present at that place and he actively participated in commission of crime which is evident from the disclosure made by co-accused persons. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for both the parties; as also the material available on record in the form of charge-sheet; role attributed to the petitioner; absence of criminal antecedents of the petitioner; 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. 7. This bail application is accordingly allowed and it is directed that accused-petitioner -Hamid @ Kalu S/o Harji 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 [2025:RJ-JP:8913] (3 of 3) [CRLMB-14508/2024] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. 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. (ANIL KUMAR UPMAN), J LALIT MOHAN /76