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2025 DAILYLAW 7162 (RAJ)

BADSHAH KHAN S/O RAEES KHAN v. STATE OF RAJASTHAN

CRLMB/2308/2025 · 2025-03-11

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:11181] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2308/2025 Badshah Khan S/o Raees Khan, Aged About 53 Years, R/o Chhittoron Ka Nohra School Brajrajpura, P.s Makbara, Kota At Present Khan Sahab Ka Makaan, Krishna Vihar, Kenal Road, Borkheda, Kota (Raj.). (Accused At Present Confined In Central Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/03/2025 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.439/2021 registered at Police Station Anantpura, District Kota City for the offences punishable under Sections 420, 406, 467, 468, 471 & 472 of IPC. Investigation is being conducted in this matter for the offences punishable under Sections 420, 406 & 120B of IPC. 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 submitted that co-accused persons of this case namely Mustak Mohmad has been granted benefit of bail by the co-ordinate bench of this court. Petitioner is in custody since 04.02.2025 & there are no criminal antecedents against him. Trial of the case will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:11181] (2 of 2) [CRLMB-2308/2025] 3. Learned Public Prosecutor opposes 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 offences are triable by Magistrate & co-accused person has been granted bail by the co-ordinate bench of this court; trial will take time in its conclusion; absence of criminal antecedents as well as looking to the period of custody, 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 - Badshah Khan S/o Raees 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. 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 /130