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2025 DAILYLAW 4404 (RAJ)

NADEEM S/O NAWAB KURAISHI v. STATE OF RAJASTHAN

CRLMB/1070/2025 · 2025-01-23

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:3326] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No.1070/2025 Nadeem S/o Nawab Kuraishi, Aged About 25 Years, R/o JDA Colony, Manbag Khor Police Station Jaysinghpura Khor, District Jaipur. (At Present Confined In Centre Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma, Adv. For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 23/01/2025 1. The instant 2nd bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.430/2024, registered at Police Station Mansarovar, District Jaipur City (South), for the offence(s) under Sections 394 of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that first bail application of the accused-petitioner was dismissed with the liberty to file afresh after examination of the complainant and the other eye witnesses. It is also argued that no identification parade was conducted during investigation, the complainant and the other eye witnesses in their examination-in-chief have not [2025:RJ-JP:3326] (2 of 3) [CRLMB-1070/2025] identified the accused-petitioner as one of the culprit. The recovery of robbed mobile phone was effected at the joint information furnished by the present accused-petitioner and the other co-accused, from the possession of the other co-accused Adarsh. The accused-petitioner is behind the bars since 29.06.2024 and trial of the case may take considerable time, therefore, considering the long incarceration of the accused- petitioner, the bail application may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. 4. Heard and perused the material available on the record. 5. Considering the fact that the eye-witnesses have not identified the present accused-petitioner as one of the culprit, without further 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 B.N.S.S. is allowed and it is ordered that the accused-petitioner- Nadeem S/o Nawab Kuraishi, in connection with FIR No.430/2024, registered at Police Station Mansarovar, District Jaipur City (South), 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 for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 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, [2025:RJ-JP:3326] (3 of 3) [CRLMB-1070/2025] 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 /-11