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2025 DAILYLAW 5361 (RAJ)

MAUSAM S/O FAJRU v. STATE OF RAJASTHAN

CRLMB/1524/2025 · 2025-02-14

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:6637] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.1524/2025 1. Mausam S/o Fajru, Aged About 26 Years, R/o Sidhrawat, Police Station Firojpur Jhirka, District Nuh Hariyana (At Present Confined In District Jail, Alwar) 2. Hasan Mohammad S/o Hanif, Aged About 37 Years, R/o Rigad, Police Station Firojpur Jhirka, District Nuh Hariyana (At Present Confined In District Jail, Alwar) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girish Khandelwal, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 14/02/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.544/2024, registered at Police Station Malakheda, District Alwar, for the offence(s) under Sections 132 and 109(1) of B.N.S. and Section 3 of Prevention of Damage to Public Property Act and Section 3/25 of the Arms Act. 2. Learned counsel for the accused-petitioners submit that the accused-petitioners have falsely been implicated in this case. It is argued that the name of the present petitioners are not mentioned in the FIR. Later on, the Police after investigation find that the other co-accused Mishru and Saddam opened fire at Police [2025:RJ-JP:6637] (2 of 3) [CRLMB-1524/2025] Officials. It is alleged against the petitioners that they telephonically informed the other co-accused to open fire at Police Officials, no recovery was effected from the possession of the present petitioners. The accused-petitioners are behind the bars since 02.01.2025 and the investigation/trial of the case may take considerable time, therefore, the bail application of the accused- petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. 4. Heard and perused the material available on the record. 5. As per the investigation, it is revealed that the other co- accused namely Mishru and Saddam were traveling in eco car and after intervening by the Police Officials, fired at them. The investigation also shows that the present petitioner-Mausam, through his mobile phone informed the other co-accused to open fire at Police Officials, therefore, considering the fact that the direct allegations of opening fire at Police Officials is attributed to the other co-accused Mishru and Saddam. The accused-petitioners are in custody since 02.01.2025 and the investigation/trial of the case may take considerable time and without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioners- 1. Mausam S/o Fajru and 2. Hasan Mohammad S/o Hanif, in connection with FIR No.544/2024, registered at Police Station Malakheda, District Alwar, shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with [2025:RJ-JP:6637] (3 of 3) [CRLMB-1524/2025] two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-210