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2025 DAILYLAW 5878 (RAJ)

JAMIR KHAN @ SHRI BHAIYE S/O SHRI JAMEEL KHAN v. STATE OF RAJASTHAN

CRLMB/1801/2025 · 2025-02-24

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:8344] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1801/2025 Jamir Khan @ Shri Bhaiye S/o Shri Jameel Khan, R/o Nana Sahab Ka Bada Bajaria, Police Station Nihalganj Dholpur At Present Ramjani Ki Chakki Ke Pass Madina Colony Police Station Kotwali Dholpur, District Dholpur. (At Present Confined In District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Jain with Mr. Udit Sapra For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/02/2025 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.678/2024 registered at Police Station Kotwali Dholpur, District Dholpur for the offence under Section 304(2) 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 submit that alleged offence is triable by Magistrate for which maximum punishment is three years. It is submitted that petitioner is in custody since 20.01.2025. Further custody of the petitioner would not serve any fruitful purpose. Trial will take time in its conclusion. [2025:RJ-JP:8344] (2 of 3) [CRLMB-1801/2025] 3. Learned Public Prosecutor oppose the submissions made by the learned counsel for the petitioner. 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 petitioner, as also the fact that alleged offence is triable by Magistrate for which maximum punishment is three years; petitioner is in custody since 20.01.2025; trial will take time in its conclusion, 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 - Jamir Khan @ Shri Bhaiye S/o Shri Jameel Khan, 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 once in every three months in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording [2025:RJ-JP:8344] (3 of 3) [CRLMB-1801/2025] 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. (ANIL KUMAR UPMAN),J CHARU SONI /449