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2025 DAILYLAW 4324 (RAJ)

SHOAIB @ GAMORI S/O YUSUF KHAN v. STATE OF RAJASTHAN

CRLMB/1077/2025 · 2025-08-21

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:32935] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 6733/2025 Abid Hussain @ Kaka S/o Noor Mohammed Pathan, Aged About 30 Years, R/o 2-G-14 Chatrapura Talab Vigyan Nagar Kota Police Station Vigyan Nagar Kota City (Raj) (Presently Confined In District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1077/2025 Shoaib @ Gamori S/o Yusuf Khan, Aged About 23 Years, R/o Near Shivraj Dairy, Ajira Basti, Shivpura, Kota, Police Station Dadabadi, District Kota City (Rajasthan). (At Present Confined In District Jail Baran, District Baran). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Aquif Khan Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 21/08/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.425/2024 registered at Police Station Anta District Baran for the offence(s) under Section 309(4) of BNS. [2025:RJ-JP:32935] (2 of 3) [CRLMB-6733/2025] 2. Learned counsels for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. It is argued that PW-1 Ajay Soni in his deposition before the trial court during cross-examination has specifically stated that petitioners were shown to him in the police station before identification parade. He has also stated that he identified the petitioners as per the instructions of Police Officials. It is also contended that the recovery shown at the instance of petitioner is also doubtful. The accused-petitioners are in custody since 04.11.2024 and the trial of the case may take considerable time, therefore, these bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed these bail applications. It is contended that petitioners alongwith the other co-accused committed robbery with the complainant and they were identified by the complainant during course of investigation and at the instance of the petitioners robbed articles were recovered. The accused-petitioners are habitual offenders and against them many criminal cases are pending, therefore, these bail applications of the accused-petitioners deserves to be dismissed. 4. Heard and perused the material available on record. 5. Considering the statement of PW-1 complainant Ajay Soni and looking to the fact that the accused-petitioners are in custody since 04.11.2024 and the trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. [2025:RJ-JP:32935] (3 of 3) [CRLMB-6733/2025] 6. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely: 1.Abid Hussain @ Kaka S/o Noor Mohammed Pathan, 2. Shoaib @ Gamori S/o Yusuf Khan, in connection with FIR No. 425/2024 registered at Police Station Anta District Baran, shall be enlarged on bail provided both of them furnish 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 for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioners are also directed to mark their 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 petitioners to the trial court on the same day every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioners for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J ashu /13-14