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2025 DAILYLAW 38625 (RAJ)

SHAKIR QURESHI S/O HAJI RAMJAN v. STATE OF RAJASTHAN

CRLMB/12316/2025 · 2025-12-01

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:48795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 12316/2025 Shakir Qureshi S/o Haji Ramjan, Aged About 41 Years, R/o Kasaiyo Ki Mori Chomu Police Station Chomu Jaipur At Present R/o Lala Qureshi Ka Makaan S.D.M Court Ke Piche, Near Girls Hostal, Police Station Dudu Jaipur Rural. (At Present In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Javed Mohd. Khan for Mr. Areef Mohd. Khan For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/12/2025 1. This second bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.236/2025 registered at Police Station Bagru, District Jaipur (West) for offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023. After completion of investigation, police filed charge-sheet in this case for offences punishable under Sections 123, 61(2), 303(2) & 317(2) of BNS, 2023. 2. The first bail application filed on behalf of the petitioner was dismissed by this Court vide order dated 05.08.2025. Now, this second bail application has been filed on behalf of the petitioner. [2025:RJ-JP:48795] (2 of 3) [CRLMB-12316/2025] 3. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is contended that after rejection of first bail application, co-accused of this case, namely, Sahil Mansuri @ Elam and Aasin Khan @ Yasin have been granted benefit of bail by Co-ordinate Bench of this Court. It is submitted that case of the petitioner is also on similar footing. It is submitted that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 15.06.2025 and further custody of the petitioner would serve no useful purpose. 4. Per contra, learned Public Prosecutor opposes the prayer for bail made by learned counsel for the petitioner. He submits that after rejection of first bail application, there is no substantial change in circumstances. 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, especially considering the fact that co- accused persons have already been granted benefit of bail by Co- ordinate Bench of this Court, as also the fact that there are no criminal antecedents against the petitioner and trial will take considerable 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 second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner - Shakir Qureshi S/o Haji [2025:RJ-JP:48795] (3 of 3) [CRLMB-12316/2025] Ramjan, shall be released on bail provided, he shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty 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. 8. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /6