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2025 DAILYLAW 7157 (RAJ)

MD. SHAFIQ S/O SHRI SAMSUDDIN v. STATE OF RAJASTHAN

CRLMB/2265/2025 · 2025-02-24

Mahendar Kumar Goyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8288] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2265/2025 1. Md. Shafiq S/o Shri Samsuddin, Aged About 38 Years, R/o Phalsavta, Police Station Malarna Dungar, District Sawai Madhopur, Raj. (Presently Confined In Sub Jail At Gangapur City) 2. Md. Rafiq S/o Shri Samsuddin, Aged About 43 Years, R/o Phalsavta, Police Station Malarna Dungar, District Sawai Madhopur, Raj. (Presently Confined In Sub Jail At Gangapur City) 3. Dilshad S/o Shri Jalish, Aged About 25 Years, R/o Phalsavta, Police Station Malarna Dungar, District Sawai Madhopur, Raj. (Presently Confined In Sub Jail At Gangapur City) 4. Irshad S/o Shri Jailish, Aged About 24 Years, R/o Phalsavta, Police Station Malarna Dungar, District Sawai Madhopur, Raj. (Presently Confined In Sub Jail At Gangapur City) ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Kumar Meena For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 24/02/2025 The present bail application has been filed under Section 483 B.N.S.S. The petitioners have been arrested in connection with FIR No.231/2020 registered at Police Station Batoda, District Sawai Madhopur for the offence under Sections 147, 148, 149, 341, 332, 353, 336, 379 and 307 of IPC and later on for the offence under Sections 147, 148, 149, 341, 324, 332, 353, 336, 379 and 307 of IPC and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957. Learned counsel for the petitioners submits that they have falsely been implicated in this case. He submits that none of the [2025:RJ-JP:8288] (2 of 2) [CRLMB-2265/2025] injuries sustained by the injured is grievous in nature/dangerous to life. Learned counsel submits that they have no criminal antecedents and similarly situated co-accused persons have already been extended benefit of bail. He, therefore, prays for benefit of bail. Per contra, learned Public Prosecutor opposed the prayer. Heard. Considered. Taking into consideration the contentions advanced by learned counsel for the petitioners, material on record, their length of custody, absence of criminal antecedents, nature of injuries suffered by the injured and release of similarly co-accused persons on bail; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on bail. Accordingly, the bail application is allowed and it is directed that accused-petitioners (1) Md. Shafiq S/o Shri Samsuddin, (2) Md. Rafiq S/o Shri Samsuddin, (3) Dilshad S/o Shri Jalish and (4) Irshad S/o Shri Jailish shall be released on bail under Section 483 B.N.S.S. in connection with afore-mentioned FIR registered at concerned Police Station, provided they furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall comply with all the conditions laid down under Section 480(3) B.N.S.S. (MAHENDAR KUMAR GOYAL),J DIKSHA /191-s