RIHAN AHEMAD S/O MOHAMMAD IQBAL v. STATE OF RAJASTHAN
CRLMB/602/2025 · 2025-01-16
Praveer Bhatnagar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 3340 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3340 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2142] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 602/2025 Rihan Ahemad S/o Mohammad Iqbal, Aged About 23 Years, R/o Kadar Colony, Aligarh Road, Badi, Police Station Badi, District Dholpur. (Presently Accused Confined In District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 603/2025 Adnan Ahemad S/o Mohammad Iqbal, Aged About 23 Years, R/o Kadar Colony, Aligarh Road, Badi, Police Station Badi, District Dholpur. (Presently Accused Confined In District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kapil Gupta, Adv. Mr. Dharmendra Kumar, Adv. Mr. Ankit Kumar, Adv. Mr. Sushil Yadav, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 16/01/2025
1. These instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.481/2024, registered at Police Station Badi, District Dholpur for
[2025:RJ-JP:2142] (2 of 3) [CRLMB-602/2025] the offence(s) under Sections 189(2), 109(1), 110, 140(3), 324(4) and 352 of B.N.S., later on charge-sheet has been filed for the offences under Sections 189(2), 115(2), 126(2), 109(1), 110, 140(3), 324(4) and 352 of B.N.S. and Sections 3/25 of the Arms Act.
2.
Learned counsel for the accused-petitioners submit that the accused-petitioners have falsely been implicated in this case. It is argued that the co-accused Rizwan Ahmad and Salman have already been enlarged on bail vide order dated 06.01.2025 in S.B. Criminal Misc. Bail Application No.14970/2024 and the case of the accused-petitioners are akin to the other co-accused Rizwan Ahmad and Salman. The accused-petitioners are in custody since 17.11.2024 and the trial of the case may take considerable time. It is also contended that injuries sustained to injured Haneef is not dangerous to life and not on the vital part of the body, no firearm injury was found on the body part of the injured Haneef. It is also contended that the petitioner-party also lodged an FIR against the complainant-party and also alleged them of using the firearm. It is further contended that recovery of firearm shown against the petitioner-Rihan, cannot be connected with the alleged crime and there are no criminal antecedents against the accused-petitioners, therefore, these bail applications of the accused-petitioners may by allowed.
3. Learned Public Prosecutor has vehemently opposed the grant of bail applications.
4. Heard and perused the material available on the record.
5. Injuries sustained to injured Haneef is not found to be dangerous to life and not at the vital part of the body. Similarly
[2025:RJ-JP:2142] (3 of 3) [CRLMB-602/2025] placed the other co-accused Rizwan Ahmad and Salman have already been granted bail, therefore, without further expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail.
6. Accordingly, these bail applications under Section 483 of B.N.S.S. are allowed and it is ordered that the accused-petitioners namely; 1. Rihan Ahemad S/o Mohammad Iqbal and 2. Adnan Ahemad S/o Mohammad Iqbal, in connection with FIR No.481/2024, registered at Police Station Badi, District Dholpur, shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-7-8