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2025 DAILYLAW 42820 (RAJ)

IMRAN ALIAS KANJA S/O JAKAR v. STATE OF RAJASTHAN

CRLMB/14186/2025 · 2025-11-17

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:46200] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 14186/2025 Imran Alias Kanja S/o Jakar, Aged About 38 Years, R/o Shanti Ka Nagla @ Ishwari Singh Ka Nagla, Police Station Jurhaira, District Deeg Rajasthan. (At Present Confined In District Jail, Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Arafat Hussain, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/11/2025 1. The instant second bail application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.22/2014, registered at Police Station Mehandipur Balaji, District Dausa for the offence(s) under Section 392 of IPC. 2. It is contended by learned counsel for the petitioner that the first bail application of the accused-petitioner was dismissed by this Court vide order dated 11.09.2025 and after dismissal of the bail application, the Police has charge-sheeted the accused under Section 395 of IPC. It is also contended that the accused- petitioner is in custody since 17.07.2025, trial proceeded against the other co-accused which culminated into acquittal, as the complainant failed to identify the other co-accused before the [2025:RJ-JP:46200] (2 of 3) [CRLMB-14186/2025] Court. During investigation, the identification parade was held with regard to petitioner's involvement in the alleged crime. It is clearly stated that the petitioner remained absent for almost 10 years and therefore the charge-sheet could not be submitted against him. However, after arrest of the petitioner, the petitioner has remained in custody for more than 04 months and further trial of the case may take considerable time, therefore the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that against the petitioner another case is also lodged under Section 498-A of IPC. It is also contended that the conduct of the petitioner makes him disentitled to any liberal approach as the accused petition hiimself remained absent for more than 10 years and the trial could not be proceeded against him. Therefore, the instant bail application of the accused-petitioner may be be dismissed. 4. Heard and perused the material available on record. 5. It is not denied that the other co-accused have already been acquitted under Section 395 of the IPC. The petitioner after his arrest in present case has remained in custody for almost 4 months and charge-sheet has already been produced against him containing a long list of witnesses, therefore, considering the above facts and the fact that trial will take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, is allowed and it is ordered that the accused-petitioner Imran Alias Kanja S/o Jakar, in [2025:RJ-JP:46200] (3 of 3) [CRLMB-14186/2025] connection with FIR No.22/2014, registered at Police Station Mehandipur Balaji, District Dausa, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge. 7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-23