FARHAN ALAM S/O MOHAMMAD MUKHTAR ALAM v. STATE OF RAJASTHAN
CRLMB/1248/2025 · 2025-02-05
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4805 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4805 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:5016] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1248/2025 Farhan Alam S/o Mohammad Mukhtar Alam, Aged About 22 Years, R/o 254/40 Opposite Ganesh Temple, Lakhan Kotdi, Police Station Dargah, Ajmer. (At Present Confined In Central Jail Ajmer Rajasthan). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anirudh Tyagi Mr. Sourabh Vaishnav For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 05/02/2025
1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioner, who has been arrested in connection with FIR No.183/2024 registered at Police Station Dargah, District Ajmer (Raj.) for the offences punishable under Sections 303(2) & 313 of BNS.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that alleged offences are triable by Magistrate for which maximum punishment is seven years. Petitioner is in custody since 23.11.2024. Charge-sheet has been filed & trial of the case will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose.
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3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner. He submits that petitioner is a habitual offender as ten other cases have been registered against him.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially the fact that alleged offences are triable by Magistrate for which maximum punishment is seven years; charge-sheet has been filed & trial will take time in its conclusion; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Farhan Alam S/o Mohammad Mukhtar Alam, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station.
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8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court.
10. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /216