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2025 DAILYLAW 41425 (RAJ)

ILIYAS S/O GULSHER v. STATE OF RAJASTHAN

CRLMB/11070/2025 · 2025-09-24

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:39538] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11070/2025 1. Iliyas S/o Gulsher, Aged About 25 Years, R/o Seloo, Police Station Kundera District Sawai Madhopur. (At Present Confined In District Jail Sawai Madhopur). 2. Alsher S/o Gulsher, Aged About 23 Years, R/o Seloo, Police Station Kundera District Sawai Madhopur. (At Present Confined In District Jail Sawai Madhopur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Tarun Jain Mr. Durgesh Kumar Jangid For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicants-accused Alsher S/o Gulsher and Iliyas S/o Gulsher seeking bail in respect of a criminal case registered as FIR No.149/2025 dated 01.07.2025 registered at P.S. Kundera District - Kundera, for the offence under Sections115(2), 126(2), 189(2), 351(2) of BNS. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicants do not have [2025:RJ-JP:39538] (2 of 3) [CRLMB-11070/2025] any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that for incident of 28.06.2025. a report is lodged on 01.07.2025 and further medical of both injured Hanif and Salim was conducted by police and all injuries were opined as simple blunt. He further submitted that there is no criminal antecedents against the any of the petitioners and they are in custody since their arrest. 4. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of report dated 01.07.2025 lodged by Salim Khan about incident of 28.06.2025, report is registered and matter is investigated. During investigation, role and involvement of both petitioners were found and they were arrested by police, who are in custody. The injury report and X-ray report indicated that injured Hanif has sustained 6 simple injuries and Salim has sustained 5 simple injuries and all are from blunt object. 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, [2025:RJ-JP:39538] (3 of 3) [CRLMB-11070/2025] therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. 8. Thus, the instant bail application filed on behalf of applicants-accused Alsher S/o Gulsher and Iliyas S/o Gulsher, is hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /153