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2026 DAILYLAW 9191 (RAJ)

JAVED S/O SHRI MOHAMMED KHAN v. STATE OF RAJASTHAN

CRLMB/8830/2026 · 2026-07-01

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:24148] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8830/2026 URN: CRLMB / 16167U / 2026 Javed S/o Shri Mohammed Khan, R/o Rundh Khoh, P.s. Khoh, District Deeg (At Present Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sanjay Yadav For Respondent(s) : Mr. Naresh Gupta, P.P> HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 01/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 26.05.2026 passed by the learned Additional District and Session Judge Kama, District Deeg (Raj.) in Criminal Misc. Case CIS No.740/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.174/2014, Police Station Jurhera, District Deeg for the offence under Section 395 of IPC, 1860. 2. Learned counsel for the petitioner at the outset submits that the accused-petitioner was initially granted bail by the learned Trial Court and was continuously appearing before the learned Trial Court for the proceedings. However, due to the absence of the accused-petitioner as well as his counsel on 27.02.2019 before the learned Trial Court, his bail bonds were forfeited on the said date and he was declared absconder on [2026:RJ-JP:24148] (2 of 3) [CRLMB-8830/2026] 25.05.2023. Learned counsel submits that during the said period the accused-petitioner had gone out of the state for the purpose of earning and had no intention to flout the bail conditions. He submits that thereafter the accused-petitioner himself surrendered and filed a regular bail. 3. Learned counsel for the petitioner also submits that another co-accused namely Madan was also subsequently arrested during the pendency of the trial. Furthermore, the bail application of the co-accused Madan, who was arrested long after the registration of the F.I.R, was also enlarged on bail by the learned Trial Court. He therefore, submits that the bail application be allowed and the petitioner is willing to adhere to whatsoever conditions that are being imposed on him. 4. Learned Public Prosecutor vehemently opposes the bail application 5. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly that, after the forfeiture of his bail on 27.02.2019, the petitioner himself appeared before the court below and applied for bail, and further considering that the co-accused, Madan, who was arrested much later after the registration of the case, has been enlarged on bail, this Court is of the opinion that the bail application of the petitioner deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Javed S/o Shri Mohammed Khan, arrested in connection with F.I.R. [2026:RJ-JP:24148] (3 of 3) [CRLMB-8830/2026] No.174/2014, Police Station Jurhera, District Deeg, shall be released on bail; provided he furnishes a personal bond of Rs.2,00,000/ (Rs. Two Lakh Only) with two sureties of Rs. 1,00,000/- (Rs. One lakh Only) each, to the satisfaction of the learned Trial Court, with the stipulation that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) In the event the petitioner is found involved in any other similar offence in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted therein. (v) Further, the petitioner shall mark his presence before the concerned Police Station once every month on such date as may be fixed by the Investigating Officer. The Investigating Officer shall maintain a register for recording the petitioner's attendance. (BIPIN GUPTA),J 65/KRATIKA