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2025 DAILYLAW 42221 (RAJ)

BHOLA @ MAHMOOD SON OF HUSSAINA v. STATE OF RAJASTHAN

CRLMB/12258/2025 · 2025-09-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:40029] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneousn II Bail Application No. 12258/2025 Bhola @ Mahmood Son Of Hussaina, Aged About 50 Years, Resident Of Chaaniya Khurd, Police Station Jurrerha District Deeg (At Present Petitioner Is Confined In District Jail, Deeg) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Mayank Kumar Choudhary For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Bhola @ Mahmood Son Of Hussaina, seeking bail in respect of a criminal case registered as FIR No.328/2024 dated 03.06.2024 registered at P.S. Kaman, District – D eeg for the offence under Section 332, 353, 307, 34 of IPC and Sections 3, 25(6) of Arms Act and Section 4/8 of RBA Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is 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. He also submits that the [2025:RJ-JP:40029] (2 of 3) [CRLMB-12258/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. .Learned counsel for petitioner further submitted that first bail application was dismissed by this Hon’ble Court on 16.10.2024 and now the second bail application is filed on behalf of petitioner accused Bhola @ Mahmood. He further submitted that there is no independent witness procured by police and present petitioner is in custody since 04.06.2024. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of report dated 03.06.2024 lodged by complainant Manish Sharma Sub-Inspector P.S. Kaman for firing by Mahmood @ Bhola, Irshad, Aajim etc. while transporting three bovine animals. The police has registered a case, and after investigation police has filed a charge-sheet against petitioner accused. The petitioner accused is in custody since his arrest on 04.06.2024. There are 19 criminal cases against the petitioner accused out of which 15 cases are registered under the The Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995. 7. The impugned order dated 04.09.2025 indicate that after dismissal of bail by this Court on 16.10.2024 present [2025:RJ-JP:40029] (3 of 3) [CRLMB-12258/2025] petitioner has approached Hon’ble Supreme Court and same was also dismissed. 8. There are 19 criminal cases against the petitioner and the allegation is upon present petitioner who fired upon police while being challenged during transportation of bovine animals. 9. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 10. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 11. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Bhola @ Mahmood Son Of Hussaina is hereby dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /13