MOHMMAD DANISH @ MAKHI S/O SH. KHALIL BAIG v. STATE OF RAJASTHAN
CRLMB/14913/2024 · 2025-01-24
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33695 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33695 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:3611] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14913/2024 Mohmmad Danish @ Makhi S/o Sh. Khalil Baig, Aged About 25 Years, R/o House No. 08, Najir Colony, Manpur Sadwa, Delhi Road, P.s. Jaisinghpura Khor, Jaipur (Raj.) (At Present In Judicial Custody At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Majhar Hussain For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 24/01/2025
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.275/2024 registered at Police Station Galta Gate, District Jaipur City (North) for the offence punishable under Section 4/25 of Arms Act.
2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that alleged offence is triable by Magistrate. He argues that trial of the case will take considerable time. Petitioner is in custody since his 28.08.2024 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor vehemently opposes the
submissions made by the learned counsel for the petitioner. He
[2025:RJ-JP:3611] (2 of 3) [CRLMB-14913/2024] submits that petitioner is a habitual offender as 15 other cases have been registered against him.
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, especially the fact that alleged offence is triable by Magistrate; trial will take time in its conclusion 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.
6. This bail application is accordingly allowed and it is directed that accused-petitioner – Mohmmad Danish @ Makhi S/o Sh. Khalil Baig 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.
7. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in first week of every month, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the
[2025:RJ-JP:3611] (3 of 3) [CRLMB-14913/2024] petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
9. If breach of any 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 petitioner by this Court.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /101