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2025 DAILYLAW 39764 (RAJ)

AASIF S/O SHRI AASAM v. STATE OF RAJASTHAN

CRLMB/16493/2025 · 2025-12-19

Anand Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:51718] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16493/2025 1. Aasif S/o Shri Aasam, Aged About 19 Years, R/o Village Rundhkhoh, Police Station Khoh, District Deeg (Rajasthan) (At Present Confined In District Jail Deeg). 2. Hariom S/o Shri Mahendra, Aged About 19 Years, R/o Village Hayatpur, Police Station Khoh, District Deeg (Rajasthan) (At Present Confined In District Jail, Deeg). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 19/12/2025 1. This criminal miscellaneous bail application has been filed by the petitioners under Section 483 of BNSS, 2023 in respect of FIR No.286/2025 registered at Police Station Khoh, District Deeg for the offences punishable under Sections 319(2), 318(4), 308(2), 317(2), 317(4), 317(5), 338, 336(3), 340(2), 61(2)(a), 313 and 303(2) of BNS and Section 66-D of I.T. Act. 2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the FIR in question, whereas they have not committed any offence whatsoever. Learned counsel further submits that even otherwise, the offences alleged against the petitioners are triable by Magistrate and there are no criminal antecedents against the petitioners. Learned [2025:RJ-JP:51718] (2 of 3) [CRLMB-16493/2025] counsel also submits that co-accused juvenile has already been enlarged on bail by this Court vide order dated 16.12.2025 passed in S.B. Criminal Revision Petition No.2278/2025 and trial is likely to take considerably long time. Hence, a prayer has been made to enlarge the petitioners on bail. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Having heard learned counsel for the petitioners as well as learned Public Prosecutor and in the light of the fact that the alleged offences against the petitioners are triable by Magistrate and there are no criminal antecedents against the petitioners and more particularly the fact that co-accused juvenile has already been enlarged on bail by this Court vide order dated 16.12.2025 passed in S.B. Criminal Revision Petition No.2278/2025, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioners on bail. 5. Accordingly, this Bail Application is hereby allowed. The accused-petitioners Aasif S/o Shri Aasam and Hariom S/o Shri Mahendra shall be released on bail in pursuance of FIR No. 286/2025 registered at Police Station Khoh, District Deeg on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of [2025:RJ-JP:51718] (3 of 3) [CRLMB-16493/2025] the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence are exempted by the trial Court. (iv) They shall regularly mark their attendance in the concerned Police Station on 25th day of every month. Concerned S.H.O. shall maintain the register of attendance of the accused-petitioners. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. (ANAND SHARMA),J DIVYA /3