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2025 DAILYLAW 3806 (RAJ)

NASIR MIYAN S/O YUSUF MIYAN v. STATE OF RAJASTHAN

CRLMB/796/2025 · 2025-03-12

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:11690] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 796/2025 Nasir Miyan S/o Yusuf Miyan, Aged About 35 Years, R/o Bhagwantpura, Police Station Anantpura, District Vidisha (Madhya Pradesh) At Present Resident Tenant Plot No. 26, Near Boring Chauraha, Laxmi Nagar, Police Station Jhotwara, District Jaipur, Rajasthan. (At Present Confined In District Jail, Tonk) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manvendra Singh Choudhary Mr. Vishal Kumar For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2025 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.267/2023 registered at Police Station Dooni, District Tonk (Raj.) for the offence punishable under Section 379 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 411, 413 & 414 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submit that maximum allegation against the petitioner is that he received the stolen articles. Charge-sheet has been filed and trial will take considerable time in its conclusion. [2025:RJ-JP:11690] (2 of 3) [CRLMB-796/2025] Counsel submit that there are two criminal antecedents against the petitioner wherein he is on bail. It is submitted that petitioner is in custody since 23.12.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for 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 both the parties, so also considering the material made available on record in the form of charge-sheet; 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 the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Nasir Miyan S/o Yusuf Miyan, 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 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, till trial is concluded. [2025:RJ-JP:11690] (3 of 3) [CRLMB-796/2025] 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his 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 him by this Court. 10. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /712