ABDUL MAJEED S/O SADEEK SABJIFAROS v. STATE OF RAJASTHAN
CRLMB/1989/2025 · 2025-03-18
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6450 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6450 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:12239] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1989/2025
1. Abdul Majeed S/o Sadeek Sabjifaros, Aged About 22 Years, R/o Ward No. 16, Mandawa, Police Station Mandawa, District Jhunjhunu. (Presently Confined At District Jail Jhunjhunu).
2. Amir S/o Yakub, Aged About 19 Years, R/o Ward No. 16, Mandawa, Police Station Mandawa, District Jhunjhunu. (Presently Confined At District Jail Jhunjhunu).
3. Mohammad Juber S/o Mohammed Ayub, Aged About 20 Years, R/o Ward No. 16, Mandawa, Police Station Mandawa, District Jhunjhunu. (Presently Confined At District Jail Jhunjhunu). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Arun Singh Shekhawat Mr. O.P. Jhanjhariya Mr. Krishna Rathore Ms. Pooja Bhadoriya For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Rajpal Dhankhar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 18/03/2025
1. The bail application under Section 483 of BNSS has been filed, on behalf of the petitioners, who have been arrested in connection with FIR No.06/2025 registered at Police Station Mandawa, District Jhunjhunu (Raj.) for the offences punishable under Sections 79, 109(1), 115(2), 189(2), 190, 333, 351(3) and 352 of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023.
[2025:RJ-JP:12239] (2 of 3) [CRLMB-1989/2025]
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that petitioner Nos. 1 & 2 are not named in FIR and so far as petitioner No.3 is concerned, there is omnibus allegations against him. It is submitted that injuries sustained by injured namely- Mahesh Kumar have been opined as dangerous to life and same has been attributed to co-accused namely- Anish. It is submitted that there is no specific allegation against the petitioners of causing injury on the person of the injured. It is submitted that there are no criminal antecedents against petitioner- Abdul Majeed & petitioner- Amir whereas one case was registered against petitioner- Mohammad Juber and he has been acquitted in that case. It is contended that trial will take considerable time in its conclusion. Petitioners are in custody since 23.01.2025 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by
learned counsel for the petitioners. It is submitted that petitioner- Mohammad Juber has duly been named in the FIR and it has been alleged by injured- Mahesh Kumar that petitioner- Mohammad Juber was present at the place of incident.
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 both the parties, so also considering the role attributed to the petitioners and trial will take considerable time in its conclusion as well as
[2025:RJ-JP:12239] (3 of 3) [CRLMB-1989/2025] looking to the custody period, 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-petitioners – 1) Abdul Majeed S/o Sadeek Sabjifaros, 2) Amir S/o Yakub and 3) Mohammad Juber S/o Mohammed Ayub, 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. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /79