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2025 DAILYLAW 42339 (RAJ)

NASIR KHAN S/O SHRI KASAM KHAN v. STATE OF RAJASTHAN

CRLMB/16106/2025 · 2025-12-19

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:51448] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.16106/2025 Nasir Khan S/o Shri Kasam Khan, aged about 22 years, R/o Badi Pokhar Police Station Ramgarh, District Alwar, Rajasthan. (Petitioner Is In Judicial Custody In District Jail Alwar). ----Petitioner Versus State of Rajasthan through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Krishan Kumar Chhawal 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 petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of FIR No.393/2025 registered at Police Station-Ramgarh (Alwar), District-Alwar, for the offences punishable under Sections 318(4), 319(2) & 336(2) of Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology Act, 2008. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the FIR-in-question, whereas, he has not committed the offences alleged against him. He also submits that petitioner was never arrested from the alleged site of the commission of offences and has been arrested from elsewhere, thereafter, no recovery whatsoever has been effected by the petitioner. Even otherwise, the allegations in FIR are triable by Magistrate. There is no criminal antecedents of similar nature against the petitioner. Petitioner is behind the Bars since 12.11.2025 and trial of this case is likely to take [2025:RJ-JP:51448] (2 of 3) [CRLMB-16106/2025] considerably long time, therefore, the accused-petitioner may be allowed to be enlarged on bail. 3. Learned Public Prosecutor has opposed the present bail application. 4. In view of the fact that the offences alleged in the FIR are triable by Magistrate and petitioner is behind the Bars since 12.11.2025 and trial of this case is likely to take considerably long time, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Nasir Khan S/o Shri Kasam Khan shall be released on bail in pursuance of FIR No.393/2025 registered at Police Station-Ramgarh (Alwar), District-Alwar 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. (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. [2025:RJ-JP:51448] (3 of 3) [CRLMB-16106/2025] (iv) He shall regularly mark his 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-petitioner. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. (ANAND SHARMA),J DAKSH/178