Rajasthan High Court - Jodhpur
Mohammad Salim vs State Of Rajasthan (2025:Rj-Jd:26558) on 28 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:26558]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6243/2025
1. Mohammad Salim S/o Nijir Mohammed, Aged About 60
Years, Resident Of Thatheron Ka Mohalla, Nakash Gate,
Nagaur, Police Station Kotwali, Nagaur District Nagaur (At
Presently Confined In District Jail, Nagaur)
2. Smt Nasim Bano W/o Late Iqbal, Aged About 62 Years,
Resident Of Gandhi Main Bazar, Ward No.22, Sanganer,
Police Station Malpura Gate, Jaipur (Presently Confined In
District Jail, Nagaur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahipal Bishnoi
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order 28/05/2025
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 471/2020 2. Concerned Police Station Kotwali Nagaur 3. District Nagaur 4. Offences alleged in the FIR Under Section 406, 420, 467, 468, 471, 120-B of IPC 5. Offences added, if any - 6. Date of passing of impugned order 20.05.2025
2. It is contended on behalf of the accused-petitioner that the offences alleged are triable by a Court of magistrate. No case (Downloaded on 30/05/2025 at 10:10:57 PM) [2025:RJ-JD:26558] (2 of 2) [CRLMB-6243/2025] for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and have perused the material available on record. The offences alleged are triable by a Court of magistrate. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
5. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J 266-chhavi/-
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