ANISA KHAN D/O MOHAMMED ALI W/O FARUKH v. STATE OF RAJASTHAN
CRLMB/3154/2025 · 2025-05-26
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9556 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9556 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:22069] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3154/2025 Anisa Khan D/o Mohammed Ali W/o Farukh, Aged About 40 Years, R/o Quarter No. - 4 Nagar Nigam Coloni Chhabani Police Thana Gumanpura Kota City Rajasthan (At Present Confined At Central Jail Kota) ----Accused-Applicant Versus State of Rajasthan, Through P.P. ----Respondent For Applicant : Mr. Abdul Kalam Khan, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Mayank Kumar Choudhary, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 26/05/2025
1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the
order dated 25.02.2025 passed by learned Additional Sessions Judge No.3, Kota in Bail Application No.357/2025 arising out of FIR No.233/2025, registered at Police Station Vigyan Nagar, District Kota City for the offences punishable under Sections 420, 406, 467, 468, 471, 311, 384, 504 and 506 of IPC by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed.
2.
Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case.
Learned counsel for the accused-applicant also submits that in the
[2025:RJ-JP:22069] (2 of 3) [CRLMB-3154/2025] present FIR, the allegation has been levelled against the present accused-applicant and one Vimal Vaishnav for taking Rs.40,00,000/- with regard to allotment of two houses in the name of the complainant. Learned counsel further submits that the other co-accused namely Vimal Vaishnav has already been enlarged on bail by learned trial Court itself and case of the present accused-applicant is not distinguishable from him.
3.
Learned counsel for the accused-applicant contends that the accused-applicant was arrested on 15.02.2025 and since then, she is behind the bars. Learned counsel also contends that in this matter, charge-sheet has already been filed for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of IPC and the same are triable by Judicial Magistrate First Class and trial will take long time to conclude, therefore, the accused- applicant be granted benefit of bail.
4. Learned Additional Government Advocate along with learned counsel for the complainant vehemently oppose this bail application and argue that the accused-applicant is an employee in Nagar Nigam, Kota and she is a habitual offender of committing the offences of similar nature due to which, some other cases have also been registered against her. Learned counsel for the complainant also argues that in the present FIR, the allegation has been levelled against the present accused-applicant with regard to extortion of money from the complainant. Learned Deputy Government Advocate submits the factual report dated 16.03.2025 forwarded by SHO, Police Station Vigyan Nagar, District Kota City and the same is taken on record.
[2025:RJ-JP:22069] (3 of 3) [CRLMB-3154/2025]
5. Heard learned counsel for the parties and also perused the material available on record.
6. Considering the overall facts and circumstances of the case, period of custody of the accused-applicant; the charges levelled against the accused-applicant are triable by Judicial Magistrate First Class; the co-accused Vimal Vaishnav has already been enlarged on bail and also that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant.
7. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Anisa Khan D/o Mohammed Ali, arrested in connection with FIR No.233/2025, registered at Police Station Vigyan Nagar, District Kota City shall be released on bail; provided she furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J AARZOO ARORA /72