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2026 DAILYLAW 3997 (RAJ)

DANISH HANIFI S/O SHRI JAFAR MOHAMMAD v. STATE OF RAJASTHAN

CRLMB/4403/2026 · 2026-04-06

Sangeeta Sharma

body2026

Judgment text

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[2026:RJ-JP:14201] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4403/2026 Danish Hanifi S/o Shri Jafar Mohammad, R/o 11-B Gulab Bag Bajrang Nagar P.S. Borkhera Kota. (At Present Confined At Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, through P.P. ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan For State For Complainant(s) : : Mr. Manvendra Singh Choudhary, PP Mr. Mritunjay HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 06/04/2026 1. This bail application has been filed on behalf of the accused- petitioner under Section 483 of B.N.S.S. in connection with FIR No.364/2024 registered at Police Station Gumanpura, Kota City, for the offence(s) under Section 308(2) of BNS 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel also submits that the petitioner is in custody since 09.06.2025. He further submits that charge-sheet has already been filed and conclusion of trial may take long time, so no fruitful purpose would be served by keeping the petitioner in custody and therefore, prays that the petitioner may be granted the benefit of bail under Section 483 of BNSS. 3. Per contra, learned Public Prosecutor and counsel for the complainant have vehemently opposes the submissions made by [2026:RJ-JP:14201] (2 of 3) [CRLMB-4403/2026] learned counsel for the petitioner hereinabove and submits that petitioner alongwith the co-accused, being the leader of a gang running a racket in an organized manner to extort money by putting people in fear of death and the complainant was also threatened in the like manner. Learned counsel submits that petitioner is named in the FIR. Learned counsel further submits that the allegations are serious and grave in nature, and that as many as 16 other criminal cases stand registered against petitioner over the last 20 years i.e. 2004-2024 in different police stations, relating to rape, extortion, robbery and dacoity etc. Learned counsel submits that organized crime poses a serious threat to the common man, and thus petitioner may not be granted the benefit of bail under Section 483 of BNSS 4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for the parties that petitioner is named in the FIR; other 16 criminal cases stand registered against petitioner in last 20 years i.e. 2004-2024 in different police stations relating to rape, extortion, robbery and dacoity etc. It is pertinent to mention that Co-ordinate Bench of this Court has dismissed the bail application of the co-accused Aslam Sher Khan @ Chintu on two occassions vide orders dated 25.08.2025 in S.B. Criminal Misc. Bail Application No.8108/2025 and 04.02.2026 in S.B. Criminal Misc. Second Bail Application No.16649/2025 considering the seriousness of the alleged offences and criminal record of the co- accused; the petitioner thus has a criminal record pertaining to heinous offences spanning the last 20 years. Hence, this Court, without expressing any opinion on the merits/demerits of the case [2026:RJ-JP:14201] (3 of 3) [CRLMB-4403/2026] does not deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, the present Criminal Misc. Bail Application is dismissed. (SANGEETA SHARMA),J HEENA/44