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2025 DAILYLAW 40808 (RAJ)

MOHAMMAD RAFIQ S/O SAMSHER KHAN v. STATE OF RAJASTHAN

CRLMB/12537/2025 · 2025-10-10

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:41310] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12537/2025 Mohammad Rafiq S/o Samsher Khan, Aged About 42 Years, R/o Village Kayampura, P.s. Phuliya Kala, Dist. Bhilwara Presently At Village Ardaka P.s. Gegal Ajmer. (At Present Confined In District Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12846/2025 Yusuf Urf Sheru S/o Shri Munna, Aged About 21 Years, R/o Vil- lage Babaiya, Police Station Gegale Ajmer Distt. Ajmer. (At Present Confined At Centrel Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amit Dadhich Mr. Hanish Khan For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 10/10/2025 1. The petitioners have filed these bail applications under Sec- tion 483 of BNSS in FIR No.149/2025 registered at Police Station Gegal Ajmer for offence under Sections 309(4) and 3(5) of BNS- 2023. 2. Since both these bail applications arise out of common FIR, hence, they are being decided by this common order. [2025:RJ-JP:41310] (2 of 2) [CRLMB-12537/2025] 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. 4. Learned counsel for the petitioners submits that the petition- ers have been falsely implicated in these cases. They further sub- mit that petitioners have not been named in the FIR. There is no criminal antecedents against the petitioners. He argued that peti- tioners are behind the bars since 23.08.2025 and the trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody and the bail application of the petitioners may be allowed. 5. Learned Public Prosecutor has vehemently opposed the bail application. 6. On consideration of the rival submissions and material avail- able on record and in the light of submission made by learned counsel for the petitioners but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 7. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioners Moham- mad Rafiq S/o Samsher Khan and Yusuf Urf Sheru S/o Shri Munna be released on bail provided each of them furnishes a per- sonal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that each of them shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. ( PRAMIL KUMAR MATHUR),J bmg/84-85