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2025 DAILYLAW 34698 (RAJ)

MOHAMMD NADIM S/O JAKIR HUSSAIN @ POLU v. STATE OF RAJASTHAN

CRLMB/15938/2024 · 2025-02-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:8023] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15938/2024 Mohammd Nadim S/o Jakir Hussain @ Polu, Aged About 23 Years, R/o Ward No. 9, Luhar Kalata, Bundi P.s. Kotwali Bundi, Dist Bundi. (At Present Confined In District Jail Bundi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Gaurav Sharma for Mr. Nitin Kumar Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/02/2025 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.422/2024 registered at Police Station Kotwali Bundi, District Bundi (Raj.) for the offence punishable under Section 307 of IPC (corresponding to Section 109 of BNS). Later on, police filed charge-sheet in this matter for the offences punishable under Section 309(4), 309(6) & 311 of BNS (corresponding to Section 392, 394 & 397 of IPC). 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that petitioner was employee of the complainant. Counsel submits that according to the FIR, alleged incident was committed by 3-4 unknown persons. Counsel submits that later [2025:RJ-JP:8023] (2 of 3) [CRLMB-15938/2024] on, it is alleged by the complainant that he was chased by the petitioner and one unknown boy. Counsel submits that none of the injuries sustained to the injured has been opined as dangerous to life. Petitioner is in custody since 25.11.2024. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposes the submissions made by the counsel for the petitioner. Learned Public Prosecutor submits that two other cases have been registered against the petitioner. 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, especially the FIR and the statement of complainant recorded under Section 180 of BNSS; material available on record in the form of charge-sheet; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Mohammd Nadim S/o Jakir Hussain @ Polu 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 [2025:RJ-JP:8023] (3 of 3) [CRLMB-15938/2024] 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 week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, 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 LALIT MOHAN /450