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2025 DAILYLAW 39192 (RAJ)

USMAN KHAN S/O SHRI RAMJANI v. STATE OF RAJASTHAN

CRLMB/12560/2025 · 2025-10-14

Anand Sharma

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:41922] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.12560/2025 Usman Khan S/o Shri Ramjani, aged about 65 Years, R/o Chachaka, Polic Station Kishangarhbas, District Khairthal Tijara Rajasthan. (At Present Accused-Petitioner Confined In Central Jail Bharatpur). ----Accused/Petitioner Versus State of Rajasthan through P.P. ----Respondent For Petitioner(s) : Ms. Jamasi For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 14/10/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused- petitioner in respect of F.I.R. No.179/2024 registered at Police Station-Kishangarh Bas, District-Khairthal-Tijara for the offences punishable under Sections 143, 323, 341 & 354 of IPC. 2. Learned counsel for the petitioner submits that in the instant case, charge-sheet has been filed against other accused by the police authorities after concluding the investigation and, therefore, there is no requirement of custodial interrogation from the petitioner, who is under judicial custody from 10.09.2025. 3. It is further submitted by the learned counsel for the petitioner that vide order dated 11.08.2025 passed by the Co- ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail [2025:RJ-JP:41922] (2 of 3) [CRLMB-12560/2025] Application No.8499/2025, bail has been enlarged to Ati Mohammad and other co-accused Mubarik, Kundan, Rabina and Sanjida have been enlarged on bail by learned trial Court. Trial of this case is likely to take considerably long time. Hence, benefit of bail may also be granted to the petitioner, whose case is at similar footing, who have already been granted bail. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. Considered the submissions made at Bar. 6. In view of the fact that the co-accused have already been enlarged on bail and charge-sheet has been filed by the Investigating Officer against other accused and the petitioner is behind the bars since 10.09.2025, there is no further requirement of investigation from the petitioner, without making any comment over the merits of the case, I am inclined to grant bail to the petitioner. 7. Accordingly, the Bail Application is hereby allowed. The accused-petitioner Usman Khan S/o Shri Ramjani shall be released on bail in pursuance of FIR No.179/2024 registered at Police Station-Kishangarh Bas, District-Khairthal-Tijara on furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. [2025:RJ-JP:41922] (3 of 3) [CRLMB-12560/2025] (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. 8. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA),J DAKSH/151