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2025 DAILYLAW 35282 (RAJ)

RAMJAN @ KALU KHA QURESHI S/O SAEED KHA v. STATE OF RAJASTHAN

CRLMB/16193/2024 · 2025-01-07

Praveer Bhatnagar

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16193/2024 Ramjan @ Kalu Kha Qureshi S/o Saeed Kha, Aged About 20 Years, R/o Harijno Ka Mohalla, Hingoniya Police Station Jobner, Distt. Jaipur, (Accused Petitioner Confined In Central Jail Sambhar Lake) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Azazul Haq For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/01/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioners. The accused- petitioner has been arrested in connection with FIR No.332/2024 registered at Police Station Jobner, District Jaipur (Rural) for the offence(s) under Sections 309(4) and 3(5) of B.N.S. Act and Section 3/25 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that there is no substantive evidence available on the record that accused-petitioner aided other co-accused to commit robbery. The allegation of robbery are against other co-accused persons namely Sohail, Tohsif and Tara Chand. The accused petitioner is in custody since long and there is no criminal antecedents against the present accused-petitioner. It is also contended that similarly placed co-accused Vikas @ Vicky and Mohd. Anees have already been enlarged on bail by this Court vide order dated 05.12.2024 and the case of the present accused- petitioner is akin to the case of other co-accused who have (2 of 2) [CRLMB-16193/2024] already been enlarged on bail. The trial/investigation of the case will take considerable time, therefore, the benefit of bail may be granted to the accused-petitioner. 3. Per contra, learned Public Prosecutor opposes the grant of bail application and submits the factual report, the same is taken on record. It is contended that accused-petitioner in connivance with main accused Sohail, Tohsif and Tara Chand, committed robbery with complainant Pawan Kumar and robbed gold articles alongwith the cash of Rs. 2,50,000/-, therefore, considering the gravity of offence, the bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on the record. 5. Considering the fact that main allegation of committing robbery are against co-accused Sohail, Tohsif and Tara Chand. Similarly placed co-accused Vikas @ Vicky and Mohd. Anees have already been enlarged on bail, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner- Ramjan @ Kalu Kha Qureshi S/o Saeed Kha, in connection with FIR No. 332/2024 registered at Police Station Jobner, District Jaipur (Rural) shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J DEEPA RANI -12