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2025 DAILYLAW 34779 (RAJ)

ASLAM KATHAT @ AJAY S/O SHRI SAMDA KATHAT v. STATE OF RAJASTHAN

CRLMB/15856/2024 · 2025-02-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:5554] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15856/2024 Aslam Kathat @ Ajay S/o Shri Samda Kathat, Aged About 39 Years, R/o Village Dholighati, Police Station Beawar Sadar At Present Alfiyanagar Balad Road, Police Station Thana Beawar, District Beawar. (At Present In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjeev Sharma, For Respondent(s) : Mr. J.P. Tiwari, PP Mr. Amitabh Jatav for the complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who was arrested in connection with FIR No. 603/2024 registered at Police Station Malpura Gate, Jaipur City East (Raj.) for the offence punishable under Sections 318(4), 316(2), 351(2), 351(3), 61(2)(a) of BNS 2023. 2. Vide order dated 07.01.2025, interim bail was granted to the petitioner till 07.02.2025 for fulfilling the condition of compromise. The petitioner has been released on interim bail. Counsel appearing for the petitioner submits that the terms and conditions of the compromise has been fulfilled by the petitioner and therefore, the petitioner may be enlarged on regular bail. [2025:RJ-JP:5554] (2 of 3) [CRLMB-15856/2024] 3. Learned counsel for the complainant submits that part payment has been made by the petitioner and for remaining payment, post dated cheques have been issued in favour of the complainant and he has no objection if the petitioner is released on regular bail. 4. Learned Public Prosecutor has opposed the submissions made by the learned counsel for the petitioner. 5. I have considered the contentions. 6. 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 the factum of compromise arrived at between the parties, which is not disputed by the counsel for the complainant, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed. The petitioner – Aslam Kathat @ Ajay S/o Shri Samda Kathat is on interim bail and he has to surrender today by 4:00 PM. However, now, the petitioner need not to surrender before the jail authorities in terms of the order dated 07.01.2025. He is continued to be on bail in connection with this FIR on the bail bonds already furnished by him while releasing him on interim bail in terms of order dated 07.01.2025. Needless to observe that the petitioner shall appear before the Court concerned on all subsequent dates of hearing as and when called upon to do so. [2025:RJ-JP:5554] (3 of 3) [CRLMB-15856/2024] 8. The petitioner shall not involve in similar offence during currency of bail and shall mark his presence in the concerned police station once in every three months. 9. The observation made hereinabove is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J Pcg/130