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2025 DAILYLAW 6889 (RAJ)

AMIR KHAN ALIAS SONU S/O ZAFAR KHAN v. STATE OF RAJASTHAN

CRLMB/2180/2025 · 2025-03-12

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11774] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2180/2025 Amir Khan Alias Sonu S/o Zafar Khan, Aged About 33 Years, R/o Gram Udmai, Police Station Allahpur, District Badaun, Uttar Pradesh. Presently Tenant Of Khurshid Bhais Flat, Karadampuri, Police Station Jyoti Nagar, New Delhi. (Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Ms. Arti Sharma, PP Mr. Jalim Singh, SI, PS Chomu Mr. Anoop Pareek for Ms. Deepa Pareek Mr. Rajesh Pareek Ms. Akrati Chaturvedi, for complainant 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 petitioner, who has been arrested in connection with FIR No.517/2024 registered at Police Station Chomu, District Jaipur (West) for the offences punishable under Sections 318(4), 316(2) & 61(2)(a) 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 submits that alleged offences are triable by Magistrate. It is evident from the charge-sheet that no amount has been transferred in the account of the petitioner nor there is [2025:RJ-JP:11774] (2 of 3) [CRLMB-2180/2025] allegation that any cheque payment was made by the complainant to the petitioner. It is submitted that petitioner has no criminal antecedents and he is in custody since 09.01.2025. Further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Investigating Officer is present in person. Under his instructions, learned State counsel submits that petitioner introduced himself as Nazar Mohammed. 4. Learned counsel appearing for the complainant oppose the submissions made by learned counsel for the petitioner. It is submitted that petitioner is also responsible for commission of offence and at the time of showing sample, petitioner was also present there. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also considering the fact that alleged offences are triable by Magistrate; prima facie, it appears that no amount has been transferred in the bank account of the petitioner by the complainant; petitioner has no criminal antecedents; charge-sheet has been filed and 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. 7. This bail application is accordingly allowed and it is directed that accused-petitioner - Amir Khan Alias Sonu S/o Zafar Khan, shall be released on bail provided he furnishes a personal [2025:RJ-JP:11774] (3 of 3) [CRLMB-2180/2025] 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. 8. 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 CHARU SONI /900