SARFARAJ @ RAHUL S/O ROSHAN BHAI v. STATE OF RAJASTHAN
CRLMB/15536/2024 · 2025-03-06
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34291 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34291 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10505] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15536/2024 Sarfaraj @ Rahul S/o Roshan Bhai, R/o Khaipada, Baran P.s. Kotwali, Baran, Distt. Baran (Raj.) (At Present In Jail At Baran) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sajid Ali For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 06/03/2025
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.702/2024 registered at Police Station Kotwali Baran, District Baran for the offences under Sections 3, 7 & 8/25 of Arms Act. Later on, police filed charge-sheet for offences punishable under Sections 3, 7, 8/25, 25(6) & 25(7) of Arms Act and Section 61(2)(a) of BNS.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that false recovery of country made pistol and two live cartridges have been shown from the petitioner. It is submitted that there is no independent witness of alleged recovery. It is submitted that petitioner is in custody since
09.10.2024. Further custody of the petitioner would not serve any
[2025:RJ-JP:10505] (2 of 3) [CRLMB-15536/2024] fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor oppose the submissions made by the learned counsel for the petitioner. He submits that petitioner is habitual offender as 16 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 petitioner, as also considering the material available on record in the form of charge-sheet, 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 - Sarfaraj @ Rahul S/o Roshan Bhai, 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. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first and third week of every month in the concerned police station, till trial is concluded. [2025:RJ-JP:10505] (3 of 3) [CRLMB-15536/2024]
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the 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 any breach 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 him by this Court.
(ANIL KUMAR UPMAN),J CHARU SONI /64