Rajasthan High Court - Jaipur
Nisar S/O Hurmat vs State Of Rajasthan (2024:Rj-Jp:49385) on 2 December, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:49385]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 14531/2024
Nisar S/o Hurmat, R/o Hamiraka, Police Station Shekhpur Aheer,
District Khairthal-Tijara (Rajasthan) (At Present Confined In Sub
Jail, Kishangarh Bas, Alwar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Aslam S. Khan
For Respondent(s) : Ms. Arti Sharma, PP
For Complainant(s) : Mr. Jiya Ur Rahman
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
02/12/2024
1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.94/2024 registered at Police Station Shekhpur Aheer, District Bhiwadi.(Raj.) for the offences punishable under Section 420, 406, 506 & 120B of IPC.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits alleged offence is triable by Magistrate. Counsel submits that it is evident from the record that Rs.90,000/- was transferred in the account of the co-accused Hassan Mohammad and petitioner has not received any single penny in his account. Counsel submits that there are no criminal antecedents of the petitioner of similar nature and only one another case has been registered against the petitioner for the (Downloaded on 21/12/2024 at 12:02:07 AM) [2024:RJ-JP:49385] (2 of 3) [CRLMB-14531/2024] offence punishable under Section 13 of Rajasthan Public Gambling Ordinance Act. Petitioner is in custody since 28.10.2024. Further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor as well as counsel for the complainant vehemently oppose the submissions made by the counsel for the petitioner. Counsel for the complainant submits that petitioner as well as co-accused induced the complainant to give them Rs. 5,00,000/- for helping him in criminal case registered against the complainant in Police Station Shekhpur Aahir, District Bhiwadi.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offences are triable by Magistrate; there are no criminal antecedents of the petitioner of similar nature; Rs. 90,000/- was transferred in the account of co-accused and petitioner has not received any single penny in his account; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner Nisar S/o Hurmat shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to (Downloaded on 21/12/2024 at 12:02:07 AM) [2024:RJ-JP:49385] (3 of 3) [CRLMB-14531/2024] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. Office is directed to send copy of this order forthwith to the accused petitioner through concerned Jail Superintendent. Office is also directed to send copy of this order to the concerned trial court forthwith. After receiving copy of this order, the learned trial court shall intimate the accused petitioner regarding this bail granting order.
(ANIL KUMAR UPMAN), J LALIT MOHAN /288 (Downloaded on 21/12/2024 at 12:02:07 AM) Powered by TCPDF (www.tcpdf.org)