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2025 DAILYLAW 37136 (RAJ)

KADEER KHAN S/O JAMEEL KHAN v. THE STATE OF RAJASTHAN

CRLMB/12263/2025 · 2025-10-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:41603] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12263/2025 1. Kadeer Khan S/o Jameel Khan, Aged About 40 Years, R/o Kunjra, Police Station Kamkheda, District Jhalawar (Raj.) 2. Morsingh S/o Jagannath, Aged About 55 Years, R/o Neemkheda, Police Station Ghatoli, District Jhalawar (Raj.) ----Accused/Petitioners Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Khedar For Respondent(s) : Ms. Arti Sharma, PP with Mr. Gaurav Gupta, AGA Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/10/2025 1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 256/2025 registered at Police Station Jhalawar Sadar District Jhalawar (Raj.) for the offence(s) under Sections 109(1), 223(a) of BNS, 2023 and Section 179 & 184 of Motor Vehicle Act, 1988. 2. Learned counsel for the accused-applicants has submitted that in the instant matter no severe/ miniscule injury, even is assumed; moreover, there are no criminal antecedents qua the applicants. It is submitted that allegations are of rash driving on a public road where barricades were situated, however, for the said installation there was no legal sanction. It is further submitted [2025:RJ-JP:41603] (2 of 3) [CRLMB-12263/2025] that applicants were in hurry as one of the family members was in trivial situation. 3. Learned Public Prosecutor has vehemently opposed the present bail application. 4. Having heard the contentions made by the counsel representing both the parties, upon a perusal of the material available on record, taking note of the fact that there are no criminal antecedents registered against the applicants, this Court is inclined to allow the anticipatory bail application subject to a condition that applicants shall join the investigation and appear before the Investigating Officer concerned on 30.10.2025 at 11:00 am. 5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Jhalawar Sadar, District Jhalawar (Raj.) in F.I.R. No. 256/2025 is directed that in the event of arrest of the accused-applicants Kadeer Khan S/o Jameel Khan & Morsingh S/o Jagannath, they shall be released on bail, provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station. Withal, following conditions are also imposed upon the applicants:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; and if the applicants fails to join and render due cooperation in the investigation or does not mark appearance before the concerned authority, as directed hereinabove, the present order allowing anticipatory bail to the applicants shall cease to operate; (ii) that the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case [2025:RJ-JP:41603] (3 of 3) [CRLMB-12263/2025] so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the applicants shall not leave India without previous permission of the court. (SAMEER JAIN),J DEEPAK/223