Rajasthan High Court - Jodhpur
Safiq Khan vs State Of Rajasthan (2025:Rj-Jd:26112) on 27 May, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:26112]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2175/2025
Safiq Khan S/o Hakam Ali, Aged About 58 Years, R/o Khan
Mohalla, Kuchaman City , P.s. Kuchaman City , Dist Didwana-
Kuchaman (Raj) (Presently Lodged In Dist Jail Didwana -
Kuchaman)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Advocate,
assisted by Ms. Priyanka Borana
For Respondent(s) : Mr. Sameer Pareek, PP
Mr. Ankur Mathur and
Mr. Himanshu Pareek for the
complainant.
HON'BLE DR. JUSTICE NUPUR BHATI
Order 27/05/2025
1. The instant bail application has been filed by the petitioner under Section 483 BNSS, who is in custody in connection with the FIR No.403/2024 dated 01.12.2024 registered at the Police Station Kuchaman City District Didwana-Kuchaman for the offences under Sections 308(2), 308(3), 308(4), 308(5), 308(6), 308(7), 352, 351(2), 111(2)(B), 111(3), 111(4), 111(5), 61(2), 62 of BNS and Section 66 of the IT Act.
2. Learned Senior Counsel submits that the petitioner has been falsely implicated in this case while alleging that the petitioner along with the other accused person while forming an organized gang, used to gather the information of the traders of Deedwana- Kuchaman city and provided the same to Rohit Godara and (Downloaded on 27/05/2025 at 07:56:14 PM) [2025:RJ-JD:26112] (2 of 4) [CRLMB-2175/2025] Virendra Charan, who are the active members of Lawrence Bishnoi Gang, and demanded crores of rupees in ransom with an intention of committing organized crime by intimidating and creating an atmosphere of fear for the complainant. He further submits that the petitioner has 6 previous antecedents out of which, in one of the case, the petitioner has been acquitted and in other 3 cases, compromise was arrived at between the parties. He submits that in two cases [arising out of FIR No.401/2024 vide order dated 14.01.2025 passed by the learned trial Court in Case No.06/2025; and arising out of FIR No.404/2024 vide order dated 21.05.2025 passed by the Coordinate Bench in SBCRLMB No.2176/2025], the petitioner has been enlarged on bail. He also submits that the petitioner is in judicial custody since 17.12.2024 and charge-sheet has been filed against him and there is no recovery due against the petitioner.
3. Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently oppose the bail application and submit that as the offence under Section 111 of BNS, 2023 has been found proved against the petitioner, therefore, the petitioner does not deserves to be enlarged on bail.
4. Learned Senior Counsel representing the petitioner places reliance upon the order dated 21.05.2024 passed by the Coordinate Bench of this Court and submits that in similar set of facts and offences arising out of FIR No.404/2024 lodged against the petitioner for the offences under Sections 308(2), 308(3), 308(4), 308(5), 308(6), 308(7), 352, 351(2), 111(2)(b), 111(3), 111(4), 111(5), 61(2), 62 of BNS, 2023 and Section 66 of I.T. Act, the Coordinate Bench of this Court while taking into consideration (Downloaded on 27/05/2025 at 07:56:14 PM) [2025:RJ-JD:26112] (3 of 4) [CRLMB-2175/2025] the objection raised by the learned Public Prosecutor and the learned counsel for the complainant that the offence under Section 111 of BNS, 2023, has been found proved against the petitioner, has granted bail to the petitioner. The order passed by the Coordinate Bench granting bail to the petitioner passed in SBCRLMB No. is reproduced as under:-
"The petitioner has been arrested in connection with FIR No.404/2024 of Police Station Kuchaman City, District Nagaur, for the offence punishable under Sections 308(2), 308(3), 308(4), 308(5), 308(6), 308(7), 352, 351(2), 111(2)(B), 111(3), 111(4), 111(5), 61(2), 62 of BNS, 2023 and Section 66 of I.T. Act. He has preferred this bail application under Section 483 BNSS.
Learned counsel for the petitioner submits that the challan of the case has already been presented and out of total six case, the petitioner has been acquitted in four cases and the petitioner has also granted bail by trial Court in FIR No.401/2024 lodged at Kuchaman City, Nagaur. Accused- petitioner has been in judicial custody for about five months and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor and counsel for the complainant have opposed the bail application and submit that offence under Section 111 of BNS, 2023 shows that petitioner is involved in organized crime, therefore, bail may not be granted to him.
Having regard to the totality of the facts and circumstances of the case, since the challan of the case has already been presented, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 483 BNSS.
Accordingly, the bail application filed under Sec.483 BNSS is allowed and it is directed that petitioner Safiq Khan S/o Hakam Ali, shall be released on bail in connection with FIR No.404/2024 of Police Station Kuchaman City, District Nagaur, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on (Downloaded on 27/05/2025 at 07:56:14 PM) [2025:RJ-JD:26112] (4 of 4) [CRLMB-2175/2025] each and every date of hearing and whenever called upon to do so till the completion of the trial."
5. Learned Public Prosecutor as well as the learned counsel for the complainant are not in a position to refute the fact that the petitioner, for the similar offences including the offence under Section 111 of BNS, 2023, arising out of FIR No.404/2024 involving similar facts and circumstances, has been enlarged on bail by the Coordinate Bench of this Court.
6. Having considered the submissions of the learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record; and looking to the fact that the trial will take a long time to conclude and without expressing any opinion on the merits/demerits of the case, this Court deems it fit to enlarge the petitioner on bail.
7. Consequently, the bail application is allowed. It is ordered that the accused petitioner Safiq Khan S/o Hakam Ali arrested in connection with FIR No.403/2024 dated 01.12.2024 registered at the Police Station Kuchaman City District Didwana-Kuchaman shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with a stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DR. NUPUR BHATI), J 75-/Devesh/-
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