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2025 DAILYLAW 7295 (RAJ)

MOHD TABIS FAIJ S/O MOHD NOOR FAIJI v. STATE OF RAJASTHAN

CRLMB/2353/2025 · 2025-06-13

Anand Sharma V J

body2025

Judgment text

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[2025:RJ-JP:23179] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2353/2025 Mohd Tabis Faij S/o Mohd Noor Faiji, Aged About 21 Years, R/o Basawan Ganj Mohalla, Amroha, P.s. Kotwali Amroha Nagar, Distt. Amroha (Uttar Pradesh) (At Present Confined At District Jail, Beawar). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Deshraj Kalwania For Respondent(s) : Mr. Rajesh Choudhary, G.A.-cum-AAG HON'BLE MR. JUSTICE ANAND SHARMA (V. J.) Order 13/06/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-petitioner in respect of F.I.R. No.38/2025 registered at Police Station Beawar City District Beawar for the offences punishable under Sections 127(2), 87 & 64(2)(M) of B.N.S., 2023 2. Learned counsel for the accused-petitioner submits that the prosecutrix is a mature woman and even the contents of FIR as well as the statements under Section 183 of B.N.S.S. would reveal that she has voluntarily travelled with the accused-petitioner and has also performed marriage with him. Learned counsel for the accused-petitioner further submits that in the instant matter charge-sheet has been filed. He is no longer required for custodial interrogation. 3. Learned counsel for the accused-petitioner would further submit that in view of the statements made under Section 183 of [2025:RJ-JP:23179] (2 of 2) [CRLMB-2353/2025] B.N.S.S., there is no likelihood of conviction of the accused- petitioner, hence, no fruitful purpose would be achieved by continuing his custody. Trial is likely to take considerably long time, therefore, the accused-petitioner may be allowed to enlarge on bail. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. Considered the submissions made at Bar. 6. In view of above, without making any comment over the merits of the case, I am inclined to grant the bail application. 7. Accordingly, the Bail Application is hereby allowed. The accused-petitioner Mohd Tabis Faij S/o Mohd Noor Faiji shall be released on bail in pursuance of F.I.R. No.38/2025 registered at Police Station Beawar City District Beawar on furnishing a personal bond of Rs.1,00,000/- along with two sureties of the like amount. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. 8. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA (V. J.)),J DAKSH/33