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2025 DAILYLAW 8427 (RAJ)

AJHAR MOHAMMED S/O LATE SHRI NAJAR MOHAMMED v. STATE OF RAJASTHAN

CRLMB/2800/2025 · 2025-03-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:9050] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2800/2025 Ajhar Mohammed S/o Late Shri Najar Mohammed, Aged About 32 Years, R/o House No. 4431 Chhappar Bandho Ka Rasta Near Mori Ghatgate Thana Ramganj District Jaipur. (At Present Confined At Central Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/03/2025 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.282/2024 registered at Police Station Vishwakarma, District Jaipur (West) (Rajasthan) for the offence punishable under Section 379 of IPC. Investigation is being conducted in this matter for the offences punishable under Sections 379 and 411 of IPC. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that alleged offence is triable by Magistrate for which maximum sentence prescribed is three years. Petitioner is in custody since 06.02.2025 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:9050] (2 of 3) [CRLMB-2800/2025] 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. She submits that petitioner is habitual offender as three other cases have been registered against him. 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 offence is triable by Magistrate; 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 Ajhar Mohammed S/o Late Shri Najar Mohammed 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 in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station till conclusion of the trial. 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. [2025:RJ-JP:9050] (3 of 3) [CRLMB-2800/2025] 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 MADAN/378