Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 9343 (RAJ)

KHALID S/O ISHAK v. STATE OF RAJASTHAN

CRLMB/3180/2025 · 2025-03-11

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:11177] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 3180/2025 Khalid S/o Ishak, Aged About 25 Years, R/o Sahdungar, Police Station Gopalgarh, District Deeg, (Rajasthan) (Currently Confined In Sub Jail-Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/03/2025 1. The second bail application under Section 483 of BNSS has been filed, on behalf of the petitioner, who has been arrested in connection with FIR No.225/2022 registered at Police Station Gopalgarh, District Bharatpur (Raj.) for the offences punishable under Sections 143, 323, 341, 336, 354, 427 & 307 of IPC. 2. First bail application of the petitioner was dismissed as withdrawn vide order dated 30.01.2025 with liberty to file fresh bail application after submission of result of investigation. Now, charge-sheet has been filed for the offences punishable under Sections 323, 341, 336, 325, 307, 147, 148 & 149 of IPC. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that cross-cases have been registered between the parties. Counsel submits that there is allegation against the [2025:RJ-JP:11177] (2 of 3) [CRLMB-3180/2025] petitioner of using fire-arm but except one injury on the finger of the injured, all injuries have been opined as simple in nature. Petitioner is in custody since 16.11.2024 & there are no criminal antecedents against him. Charge-sheet has been filed & trial of the case will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that there is serious allegation against the petitioner of using firearm. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also considering the material available before me in the form of charge-sheet & nature of injuries sustained to injured; trial will take time in its conclusion; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner - Khalid S/o Ishak, 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. [2025:RJ-JP:11177] (3 of 3) [CRLMB-3180/2025] 8. 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 once in three months in the concerned police station, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. 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. (ANIL KUMAR UPMAN),J GAUTAM JAIN /30