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2025 DAILYLAW 45067 (RAJ)

USMAN KATHAT S/O HARJI v. STATE OF RAJASTHAN

/15355/2025 · 2025-12-17

Ravi Chirania

body2025

Judgment text

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[2025:RJ-JP:51042] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15355/2025 Usman Kathat S/o Harji, Aged About 25 Years, R/o Badiya Rampura, Sodpura, Gram Panchayata Naanana, P.s. Sendara, Dist. Beawar (Raj.) (At Present Confined At District Jail Beawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Priadarshinee Ojha Mr. Ravi Kumar Sharma For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE RAVI CHIRANIA Order 17/12/2025 1. The instant bail application has been filed by the petitioner - Usman Kathat S/o Harji, aged About 25 Years, arrested in connection with FIR No.447/2025, dated 08.11.2025 Police Station Beawar City, District Beawar, for the offence under Sections 303(2) of BNS and 4 & 21 of Mines and Minerals (Development and Regulation Act), 1957. 2. The petitioner’s bail application was rejected by the learned trial Court vide order dated 17.11.2025, thereafter the petitioner has preferred this bail application under Section 483 B.N.S.S. 3. Learned counsel for the petitioner submits that the allegations against the accused - petitioner is in respect of illegally transporting river sand and mines. Learned counsel further submits that he has not committed any such offence. Learned counsel further submits that the petitioner is a truck driver and [2025:RJ-JP:51042] (2 of 2) [CRLMB-15355/2025] earns his livelihood by transporting river sand and mines. He further submits that the alleged offences are triable by Magistrate. The accused-petitioner has been in custody for a long time and the trial is likely to take a long time. Therefore, he prayed that the accused petitioner may be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Considering the impugned order rejecting the bail application, the overall facts and circumstances of the present case, and that the allegations leveled in the FIR are are triable by Magistrate, this Court deems it just and proper to grant bail to the accused-petitioner. 6. Accordingly, the bail application filed under Section 483 BNSS is allowed and it is directed that accused-petitioner Usman Kathat S/o Harji shall be released on bail in connection with FIR No.447/2025, dated 08.11.2025 Police Station Beawar City, District Beawar, provided he executes a personal bond in a sum of Rs.1,00,000/- along with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. The applicant is further directed not to take undue advantage of liberty or misuse the liberty. It is made clear that the observation as made by this Court in the bail application will not affect the trial of the case. (RAVI CHIRANIA),J PAYAL DHAWAN /185