Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7142] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14868/2024
1. Arshad S/o Rahima, Aged About 34 Years, R/o Jodhu Ka Bas Chamroda, P.s. Kishangarhbas, District Khairthal- Tijara (Raj.). (Accused At Present Confined In Central Jail Alwar).
2. Jafru @ Jafruddin S/o Nasru, Aged About 44 Years, R/o Jodhu Ka Bas Chamroda, P.s. Kishangarhbas, District Khairthal-Tijara (Raj.). (Accused At Present Confined In Central Jail Alwar).
3. Mohammad Kaif S/o Harun, Aged About 22 Years, R/o Jodhu Ka Bas Chamroda, P.s. Kishangarhbas, District Khairthal-Tijara (Raj.). (Accused At Present Confined In Central Jail Alwar).
4. Harun S/o Sultan, Aged About 55 Years, R/o Jodhu Ka Bas Chamroda, P.s. Kishangarhbas, District Khairthal- Tijara (Raj.). (Accused At Present Confined In Central Jail Alwar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh Sinsinwar For Respondent(s) For Complainant(s) : : Mr. N.S. Jhakar, PP, Mr. Sumer Singh Ola HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 18/02/2025
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.415/2024 registered at Police Station Kishangarh Bas, District Khairthal-Tijara for the offences punishable under Sections 115(2), 126(2), 125, 352, 74, 189(2)
[2025:RJ-JP:7142] (2 of 3) [CRLMB-14868/2024] and 61(2)(a) of the Bharatiya Nyaya Sanhita (in short ‘BNS’),
2023. Later on, Police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 117(2), 191(2), 191(3), 190, 110 and 92 of BNS and Section 3/25 of Arms Act.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that cross cases have been registered between the parties. It is also evident from the charge-sheet that alleged termination of the pregnancy (abortion) was not result of the injuries sustained by the injured in this incident. It is further submitted that the said allegation is against co-accused namely- Mustakh and he is duly named in the FIR. There are no criminal antecedents against the petitioners. Charge-sheet has already been filed and trial will take time in its conclusion. Petitioners are in custody since Nov, 2024 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the submissions made by the learned counsel for the petitioners.
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 looking to the material available in the form of charge-sheet; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the
[2025:RJ-JP:7142] (3 of 3) [CRLMB-14868/2024] merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioners namely:– 1. Arshad S/o Rahima, 2. Jafru @ Jafruddin S/o Nasru, 3. Mohammad Kaif S/o Harun and 4. Harun S/o Sultan, shall be released on bail provided each one of them 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.
7. The observation made herein above 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 Keshav/68