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2025 DAILYLAW 48727 (RAJ)

AMIR KHAN S/O ISRA v. STATE OF RAJASTHAN

CRLMB/13526/2025 · 2025-10-16

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42442] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13439/2025 Dilsad Son of Akhtar, Aged About 26 Years, Resident of Jurhari, Police Station Jurhara, District Deeg (Raj.) (At Present Accused- Petitioners Confined In Sub Jail Deeg) ----Petitioner Versus State of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13526/2025 Amir Khan S/o Isra, Aged About 24 Years, R/o Nangla Dubokar Police Station Jurera District Deeg (Raj) (At Present Confined In Sub Jail Deeg) ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ankit Khandelwal For Respondent(s) : Mr. Vivek Sharma, PP HON’BLE MR. JUSTICE ANAND SHARMA Order 16/10/2025 1. Both of these criminal misc. bail applications have been filed by the petitioners under Section 483 of BNSS, 2023 in respect of FIR No.289/2025 registered at Police Station Jurhera, District Deeg for the offences punishable under Section 319(2), 318(4), 336(3), 340(2), 317(5), 303(2), 308(2), 313, 61(2)(a) & 338 of BNS and Section 66-D & 67-a of Information Technology (Amendment) Act, 2008. [2025:RJ-JP:42442] (2 of 3) [CRLMB-13439/2025] 2. It is submitted by learned counsel for the petitioners that only on account of possessing two mobiles and three Sim Cards, the petitioners were arrested by the police authorities on suspicion, whereas there are no allegation of causing any fraud or cheating against the petitioners. It is submitted that the allegations levelled in the FIR are triable by Magistrate and there are no criminal antecedents against the petitioners. Petitioners are behind the bars since 21.09.2025 and they are no longer required for any custodial interrogation as the investigation against them has already been completed. Hence, he prays for granting them bail. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. Looking to the fact that charges levelled against the petitioners are triable by Magistrate and there are no criminal antecedents against them and in FIR there are no specific allegations with regard to causing cheating with a particular person(s), 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. 6. Accordingly, these Bail Applications are hereby allowed. The accused-petitioners Dilsad Son of Akhtar & Amir Khan S/o Isra shall be released on bail in pursuance of FIR No. 289/2025 registered at Police Station Jurhera, District Deeg on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of [2025:RJ-JP:42442] (3 of 3) [CRLMB-13439/2025] 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. (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 his presence is exempted by the trial Court. (iv) They shall regularly mark his 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. 7. Office is directed to place a copy of this order in connected case file. (ANAND SHARMA),J DIVYA /342-343