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2025 DAILYLAW 4995 (RAJ)

RAHIL S/O AAS MOHAMMED v. STATE OF RAJASTHAN

CRLMB/1352/2025 · 2025-03-12

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11573] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1352/2025 1. Rahil S/o Aas Mohammed, Aged About 38 Years, R/o Malaka, P.s. Tawadu Sadar, District Nuh Mewat (Haryana) (At Present Confined In Central Jail Alwar). 2. Abid Husain S/o Shabbir Ahmad, Aged About 28 Years, R/o Malaka, P.s. Tawadu Sadar, District Nuh Mewat (Haryana), At Present R/o Sohana Road, Tawadu District Nuh Mewat (Haryana), (At Present Confined In Central Jail Alwar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. M.I. Abbasi For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.02/2025 registered at Police Station Kherli, District Alwar for the offences under Sections 318(4), 316(2), 303(2) & 61(2)(a) of BNS and Section 16/54 of Rajasthan Excise Act, 1950. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. It is submitted that petitioners are in custody since 01.01.2025. Further custody of the petitioners would not serve [2025:RJ-JP:11573] (2 of 3) [CRLMB-1352/2025] any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. She submits that at the time of search, petitioners were found in possession of huge quantity of ATM cards. Matter pertains to cyber fraud. 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 learned counsel for the petitioners, as also considering the fact that alleged offences are triable by Magistrate; charge-sheet has been filed and trial will take time in its conclusion, but without commenting upon 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-petitioners – (1) Rahil S/o Aas Mohammed, & (2) Abid Husain S/o Shabbir Ahmad shall be released on bail provided each of them 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 they 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-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned [2025:RJ-JP:11573] (3 of 3) [CRLMB-1352/2025] police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their 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 them by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /265