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2025 DAILYLAW 7984 (RAJ)

MOHAMMAD AHSHAN S/O AJIJ KHAN v. STATE OF RAJASTHAN

CRLMB/2605/2025 · 2025-03-28

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:14241] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2605/2025 Mohammad Ahshan S/o Ajij Khan, Aged About 20 Years, R/o Village Kirdoli, Police Station Sadar Sikar, District Sikar (Rajasthan) (At Present Confined In District Jail Sikar, District Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Majhar Hussain with Ms. Soniya Saini Mr. Wasim Akram For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Shokin Khan, HC (Investigating Officer), P.S. Sadar Sikar, District Sikar (Raj.) HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/03/2025 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.8/2025 registered at Police Station Sadar Sikar, District Sikar (Rajasthan) for the offences punishable under Sections 189(2), 115(2), 126(2), 324(2) & 307 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that no evidence was available with the Investigating Officer to make the arrest of the petitioner. It is submitted that neither petitioner is named in the FIR nor in the statement of the injured. It is [2025:RJ-JP:14241] (2 of 3) [CRLMB-2605/2025] submitted that no test identification parade was conducted in this matter. There are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 01.02.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner and submits that two fractures have been found on the person of the injured. 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, so also considering the material available on record in the form of case diary; absence of criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner -Mohammad Ahshan S/o Ajij 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. It is made clear that the accused-petitioner shall not involve [2025:RJ-JP:14241] (3 of 3) [CRLMB-2605/2025] in any other offence(s) during currency of the bail and he shall mark his presence once in every three months in the concerned police station. 8. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN),J LALIT MOHAN /330