JAMIR KHAN @ BHAIYE S/O JIMAL KHAN v. STATE OF RAJASTHAN
CRLMB/1723/2025 · 2025-02-24
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5914 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5914 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8346] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1505/2025 Nasir Khan @ Alim S/o Babudin, R/o Dhoolkot Road, Tenant In House Of Saleem, Gulab Bagh, Police Station Nihalganj, District Dholpur (Rajasthan) (Presently Confined In Jail At Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1636/2025 Harsh @ Bhola S/o Manmohan, R/o Nana Sahab Ka Bada Bajariya, Police Station Nihalganj, District Dholpur (Raj.) (At Present Confined In District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1723/2025 Jamir Khan @ Bhaiye S/o Jimal Khan, R/o Nana Sahab Ka Bada Bajariya Dholpur, At Present Ramjani Chakki Ke Pass Madina Colony Police Station Kotwali, District Dholpur (Raj.) (At Present Confined In District Jail, Dholpur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Garg 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. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.461/2024 registered at Police Station
[2025:RJ-JP:8346] (2 of 3) [CRLMB-1505/2025] Nihalganj, District Dholpur for the offence under Section 310(2) of BNS.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submit that it is evident from record that during the course of identification parade, none of the petitioners was identified by the complainant. It is submitted that petitioners are in custody since their date of arrest and their further custody would not serve any fruitful purpose. Trial will take time in its conclusion.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners but failed to controvert the fact that none of the petitioners has been identified by the complainant/victim.
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 none of the petitioners has been identified by the complainant during the course of investigation/test identification parade; trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Nasir Khan @ Alim S/o Babudin, (2) Harsh @ Bhola S/o Manmohan, & (3) Jamir Khan @ Bhaiye S/o Jimal Khan, shall be released on bail
[2025:RJ-JP:8346] (3 of 3) [CRLMB-1505/2025] 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 once in every three months in the concerned 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 /442-444