AJHAR MOHAMMED S/O LATE SHRI NAJAR MOHAMMED v. STATE OF RAJASTHAN
CRLMB/2872/2025 · 2025-03-03
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8465 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8465 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9048] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2276/2025 Mohammad Aqeel S/o Mohammad Wakeel, Aged About 33 Years, R/o 73/33, Kali Ka Bhatta, Richha Bandar Walo Ki Gali, Ward No. 55, Police Station Galta Gate, District Jaipur (Rajasthan). (Presently Confined At Central Jail, Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2277/2025
1. Taj Mohammad S/o Late Shri Nijamudden, Aged About 33 Years, R/o 222, B K Gauri Colony, Chomu Nagarpalika Ke Piche, Tehsil Chomu, Police Station Chomu District Jaipur At Present Resident House No. 125, Shakti Colony Aamagarh Transport Nagar Puliya, Police Station Transport Nagar District Jaipur. (Accused Petitioner Is At Present Confined In Judicial Custody At Central Jail Jaipur).
2. Narender Singh @ Nandu S/o Late Shri Gopal Singh, Aged About 29 Years, R/o House No. E41, Girwar Nagar Kali Ka Bhatta, Galta Gate, Police Station Galta Gate Jaipur At Present Plot No. 6 Jamdoli, Keshav Vidhyapith Choraha, Police Station Kanota, Jaipur (Raj.). (Accused Petitioner Is At Presently Confined In Judicial Custody At Central Jail Jaipur) ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 2501/2025 Shatrughan Gupta S/o Shri Ramraj Gupta, Aged About 46 Years, R/o 407/369, Amagarh, Vedpuri Colony, Transport Nagar, Police Station Transport Nagar, District Jaipur (Raj.) (At Present He Is Confined In Central Jail Jaipur, Raj.). ----Accused-Petitioner Versus
[2025:RJ-JP:9048] (2 of 4) [CRLMB-2276/2025] State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 2872/2025 Ajhar Mohammed S/o Late Shri Najar Mohammed, Aged About 32 Years, R/o House No. 4431 Chhappar Bandho Ka Rasta Near Mori Ghatgate Ramganj District Jaipur. (At Present Confined At Central Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shyam Pratap Singh Chouhan, Adv., Mr. Kamlesh Kumar Sahu, Adv., Mr. Khizer Iqbal Khan, Adv. and Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 03/03/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.08/2025 registered at Police Station Vishwakarma, District Jaipur (West) (Rajasthan) for the offence punishable under Section 303(2) of BNS, 2023. During investigation, offences punishable under Section 303(2), 111 and 317(2) of BNS, 2023 have been found proved against the petitioners.
2.
Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that alleged offences are triable by Magistrate for which maximum
[2025:RJ-JP:9048] (3 of 4) [CRLMB-2276/2025] sentence prescribed is three years. Counsel submit that petitioners have been booked simultaneously in other criminal cases. Petitioners are in custody since 11.01.2025 and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. She submits that petitioners are habitual offenders as several other cases have been registered against them.
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 petitioners, as also the fact that alleged offences are 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 these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Mohammad Aqeel S/o Mohammad Wakeel, (2) Taj Mohammad S/o Late Shri Nijamudden, (3) Narender Singh @ Nandu S/o Late Shri Gopal Singh, (4) Shatrughan Gupta S/o Shri Ramraj Gupta and (5) Ajhar Mohammed S/o Late Shri Najar Mohammed shall be released on bail provided each of them 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 they shall appear before that
[2025:RJ-JP:9048] (4 of 4) [CRLMB-2276/2025] 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-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their 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 them by this Court.
9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioners fail to mark their 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/36-39