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2026 DAILYLAW 8267 (RAJ)

ATI MOHAMMAD @ DILSHER S/O SUBHAN KHA v. STATE OF RAJASTHAN

CRLMB/379/2026 · 2026-06-01

Ashutosh Kumar V J

body2026

Judgment text

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[2026:RJ-JP:22774] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 379/2026 Ati Mohammad @ Dilsher S/o Subhan Kha, Aged About 24 Years, Resident of Village Firozpur Th. Nuh P.S. Sadar Nuh, District Nuh, Mewat (Harayana) (At Present Confined In Central Jail Jaipur, District Jaipur (Raj.) ----Petitioner Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Bhanu Pratap Saini Mr. Rajneesh Gupta Mr. Puneet Raj Meena Mr. Suraj Singh Dhakad For Respondent(s) : Ms. Manju Dave, Addl. G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR (VACATION JUDGE) Order 01/06/2026 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 24.12.2025 passed by learned Additional Sessions Judge No.7, Jaipur Metropolitan II, Jaipur in connection with FIR No. 527/2023, registered at Police Station Amer, District Jaipur City (North), for the offences punishable under Sections 420 & 407 IPC, by which the bail application of the accused-applicant under Section 483 of the 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 matter. Learned counsel further submits that present accused namely Ati [2026:RJ-JP:22774] (2 of 3) [CRLMB-379/2026] Mohammad @ Dilsher was driver of the canter in which the goods booked by the complainant were being transported. Learned counsel argues that the allegations against the accused-applicant is that he acted in connivance with co-accused namely Kasam Khan, by misappropriating the goods being transported by them, which included copper plates and garments, and then sell the same in Surat. Learned counsel further argues that as per the conclusion of the charge-sheet, misappropriated goods have been recovered from the possession of co-accused Kasam Khan. Learned counsel submits that charge-sheet in this matter has been filed. Learned counsel also submits that the accused- applicant was arrested on 16.12.2025 and since then, he is behind the bars. Learned counsel further contends that there is no criminal antecedents against the applicant-accused, co-accused Kasam Khan has already enlarged on bail by the trial court under Section 167(2) of Cr.P.C. Learned counsel prays that trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application while submitting the factual report dated 01.04.2026 and prays that the same be taken on record. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Factual report dated 01.04.2026 is taken on record. 6. Having regard to the facts and circumstances of the case and considering the facts that the co-accused has already enlarged on bail; that the accused-applicant is behind the bars since 16.12.2025; that the charge-sheet has been filed and trial will [2026:RJ-JP:22774] (3 of 3) [CRLMB-379/2026] 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 accused-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 Ati Mohammad @ Dilsher S/o Subhan Kha, arrested in FIR No. 527/2023, registered at Police Station Amer, District Jaipur City (North) shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 8. The accused-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),V.J. 13/SHIVAM