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2025 DAILYLAW 34451 (RAJ)

JATIN HADA @ KALLU S/O LATE SHRI OMPRAKASH HADA v. STATE OF RAJASTHAN

CRLMB/15644/2024 · 2025-01-03

Anil Kumar Upman

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Judgment text

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[2025:RJ-JP:367] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15589/2024 Sameer Ahmed Sheikh S/o Mohammad Rafiq Sheikh, Aged About 38 Years, R/o Plot No. 39, Line C, Room No. 10, Road No. 8, P.S. Shivaji Nagar, Gavadi Mumbai, Maharashtra. At Present Reside Krish Selitiya, Plot No. 401, Khargar, P.S. Navi Mumbai, Maharashtra. (Presently The Accused Petitioner Confined In Central Jail, Jaipur.) ----Accused-Petitioner Versus State Of Rajasthan, Through Its PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15644/2024 Jatin Hada @ Kallu S/o Late Shri Omprakash Hada, Aged About 18 Years, R/o Tonk Kalan, Police Station Tonk Khurd, District Dewas, Madhya Pradesh. (Presently Confined At Central Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 15645/2024 Safan Khan S/o Anwar Khan, Aged About 30 Years, R/o House No. 408, Ward No. 17 Village Julwaniya, Tehsil Rampur District Badwani, Madhyapradesh At Present R/o As A Tenant Khali Wala Tenk Sefi Nagar, A.B. Road Indour Madhyapradesh. (At Present Confined In Centre Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 15712/2024 Rambharose Patel S/o Shri Mahesh, R/o Village Khareli, Tehsil Tonk Khurd, Police Station Maksi, District Dewas, Madhya Pradesh. (Presently Confined At Central Jail Jaipur) [2025:RJ-JP:367] (2 of 4) [CRLMB-15589/2024] ----Accused-Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Rajesh Gadwal, Adv., with Mr. Mohammed Shahid Qureshi, Adv., Mr. Chandra Shekhar, Adv. and Mr. Vinod Kumar Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/01/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.337/2024 Police Station Jawahar Nagar, District Jaipur City (East) for the offences punishable under Sections 305(a) & 331(4) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. They submit that alleged offences are triable by Magistrate. They further submit that on other cases have been registered against the petitioners except petitioner – Sameer Ahmed Sheikh as five other cases have been registered against him. They argue that trial of the case will take considerable time. They further argue that the petitioners are in custody since 18.11.2024 and further custody of the petitioners would not serve any fruitful purpose. [2025:RJ-JP:367] (3 of 4) [CRLMB-15589/2024] 3. Learned Public Prosecutor vehemently opposes the submissions made by the learned counsel for the petitioners. He submits that entire stolen articles have been recovered. 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 offences are 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 these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Sameer Ahmed Sheikh S/o Mohammad Rafiq Sheikh, 2. Jatin Hada @ Kallu S/o Late Shri Omprakash Hada, 3. Safan Khan S/o Anwar Khan and 4. Rambharose Patel S/o Shri Mahesh shall be released on bail provided, each 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 each of them 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 petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioners are further directed to mark their presence [2025:RJ-JP:367] (4 of 4) [CRLMB-15589/2024] 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 petitioners, as directed above. In case the petitioners fail to mark their 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 petitioners by this Court. (ANIL KUMAR UPMAN),J MADAN/287-290