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2025 DAILYLAW 9590 (RAJ)

HAKAM S/O MORMAL KHAN v. THE STATE OF

CRLMB/3193/2025 · 2025-05-30

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:22572] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3193/2025 Hakam S/o Mormal Khan, Aged About 37 Years, R/o Nangla Sedhu, Chandoli, Police Station Vijay Mandir, Alwar, District Alwar (Rajasthan). (At Present In Central Jail, Alwar) ----Petitioner Versus The State Of, Rajasthan. ----Respondent For Petitioner(s) : Dr. Abhinav Sharma with Mr. Rahul Sharma Mr. Akshaya Varma For Respondent(s) For Complainant(s) : Mr. Naresh Kumar Gupta, PP Ms. Jamasi HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 30/05/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.0273/2022 registered at Police Station-Shivaji Park, District-Alwar for offences under Sections 143, 323, 341, 379 of IPC. 2. Heard learned counsel for the petitioner, learned Public Prosecutor as well as counsel for the complainant and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The petitioner's bail has been refused only on the ground that in spite of the order passed by this Court on 03.05.2024, the petitioner has not surrendered himself before the trial court. He further submits that the prime accused-Manish Khan has been released on bail by the Co- [2025:RJ-JP:22572] (2 of 2) [CRLMB-3193/2025] ordinate Bench of this Court on 04.04.2023 and rest of the accused have been released by the trial court and High Court itself. There is no specific allegation assigned in the FIR and no criminal antecedents exists against the petitioner. The petitioner is behind the Bar since 18.02.2025. The trial of the case may take considerable time, hence the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially the fact that co-accused have already been released on bail but without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Hakam S/o Mormal Khan shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J sunita/113