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2025 DAILYLAW 44410 (RAJ)

MUBEEN S/O SHAKOOR v. STATE OF RAJASTHAN

CRLMB/14607/2025 · 2025-12-15

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:50518] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14310/2025 1. Salim S/o Imran, Aged About 21 Years, R/o Kuliyana, Police Station Kaithwara, District Deeg. (At Present Petitioner Confined In District Jail Deeg). 2. Sahil S/o Imran, Aged About 18 Years, R/o Kuliyana, Police Station Kaithwara, District Deeg. (At Present Petitioner Confined In District Jail Deeg). 3. Sahil S/o Ruddi, Aged About 19 Years, R/o Bhaisdavat, Police Station Govindgarh, District Deeg. (At Present Petitioner Confined In District Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14607/2025 1. Mubeen S/o Shakoor, Aged About 20 Years, R/o Hajiwas, Kaithwara, District Deeg. (At Present Confined In Sub Jail Deeg). 2. Juber S/o Sakoor, Aged About 25 Years, R/o Hajiwas, Kaithwara, District Deeg. (At Present Confined In Sub Jail Deeg). 3. Harichand S/o Lakkhiram, Aged About 26 Years, R/o Bhuapur Gadhi, Police Station Kaithwara, District Deeg. (At Present Confined In Sub Jail, Deeg). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 14608/2025 Munfed S/o Billu, Aged About 30 Years, R/o Jhanjhpuri, Police Station Kaithwara, District Deeg. (At Present Confined In Sub Jail Deeg). ----Petitioner Versus [2025:RJ-JP:50518] (2 of 4) [CRLMB-14310/2025] State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Suresh Pareek, Sr. Adv. assisted by Mr. Prem Chand Sharma Mr. Vafik Choudhary Mr. S.L. Sharma For Respondent(s) : Ms. Aarti Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 15/12/2025 1. These criminal miscellaneous bail applications have been filed by the petitioners under Section 483 of BNSS, 2023 in respect of FIR No.166/2025 registered at Police Station Kaithwara, District Deeg for the offences punishable under Section 303(2), 317(2), 319(2), 318(4), 338, 336(3), 340(2) and 61(2) of BNS and Section 66-D of I.T. Act. 2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the FIR, whereas no such offence have been committed by them. It is submitted that only on account of possessing the mobile phones and sim cards, they have been implicated. They are behind the bars since 14.10.2025, whereas investigation has been completed and they are no longer required for any custodial interrogation. Learned counsel further submits that the alleged offences are triable by the Magistrate and trial is likely to take considerably long time. Hence, he prays for granting him bail. 3. Learned Public Prosecutor has vehemently opposed this bail application, however, admits that after investigation, charge- [2025:RJ-JP:50518] (3 of 4) [CRLMB-14310/2025] sheet has been filed against the petitioners pursuant to FIR in question. She also submits that so far as accused Munfed is concerned, he was also involved in one another criminal case under Section 420/511 of IPC. 4. Thereupon, learned counsel for the petitioners has clarified that as far as the said case is concerned, the petitioner Munfed was acquitted vide judgment dated 11.06.2024. 5. Considered the submissions made at Bar. 6. In the light of above, where after investigation, charge- sheet has been filed against the petitioners and the allegations involved in the FIR are otherwise triable by the Magistrate; trial is likely to take considerably long time and the petitioners are no longer required for any custodial interrogation, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioners on bail. 7. Accordingly, these Bail Applications are hereby allowed. The accused-petitioners Salim S/o Imran, Sahil S/o Imran, Sahil S/o Ruddi, Mubeen S/o Shakoor, Juber S/o Sakoor, Harichand S/o Lakkhiram and Munfed S/o Billu shall be released on bail in pursuance of FIR No.166/2025 registered at Police Station Kaithwara, District Deeg on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. [2025:RJ-JP:50518] (4 of 4) [CRLMB-14310/2025] (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence are exempted by the trial Court. (iv) They shall regularly mark their 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-petitioners. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. 8. Office is directed to place a copy of this order in each connected file. (ANAND SHARMA),J DIVYA /108-110