Dismissed

Sajid Ali Khan @ Sikhandar S/O Haider Ali @ Sakhi v. State of Rajasthan

Rajasthan HC15 Oct 2024CRLMB/10755/2024

Case brief

AI extract

What is this about?

This judgment dismisses a second bail application by an accused person. The court directed the Trial Court to record the victim's statement on priority to address identification concerns arising from multiple cases and missing identification procedures. Bail was denied pending this procedural completion.

What did the court decide?

Bail application dismissed; Trial Court directed to record victim statement on priority.

Sajid Ali Khan @ Sikhandar S/O Haider Ali @ Sakhi Vs State… — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:44765]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Second Bail Application No. 10755/2024

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Sajid Ali Khan @ Sikhandar S/o Haider Ali @ Sakhi, Aged About 41 Years, R/o House /chal No. 717, Room No. 12, Shanti Nagar, Pirani Road, Bhiwandi, Thana Shanti Nagar, District Thane (Maharashtra) Hal Kirayedar Flat No. E-605, Mahima Parnorama Apartment, Vit Road, Ramnagariya, Thana Ramnagariya, Jaipur (That The Accused Petitioner Is Currently Confined At Central Jail Jaipur In Judicial Custody Since 13.04.2024).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Rajeev Surana, Sr. Adv. with Mr.
	Sankalp Sogani, Ms. Muskan Verma
	and Mr. AnujRohilla
For Respondent(s)	: Mr. VijaySingh Yadav,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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15/10/2024

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Instant second bail application is preferred by petitioneraccused-Sajid Ali Khan @ Sikhandar in a matter arising out of FIR No.117/2024 dated 29.03.2024 registered at P.S. Jawahar Nagar, District Jaipur. Earlier the bail application was dismissed by this Court on 24.06.2024 under Section 439 of Cr.P.C.

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Learned Senior Advocate appearing on behalf of petitioner submits that the petitioner is an innocent person and he was falsely implicated by the police. He further referred the investigation and submitted that in FIR accused was not named by the victim but police has not conducted test identification parade.

[2024:RJ-JP:44765]

[CRLMB-10755/2024]

(2 of 3)

He submitted that the victim has refused for test identification parade, and police has not organized TIP. He also referred the charge-sheet of other cases and submitted that no case is made out against present petitioner but the police has just implicated him on the basis of one case. He also referred the details of the case and submitted that the investigation is concluded and petitioner is in custody since 13.04.2024, therefore, he is entitled to be released on bail, as case is triable by magistrate.

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Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned Senior Advocate appearing for petitioner and learned Public Prosecutor. Perused the material placed on record. 5. On 29.03.2024 complainant Richa Arora has filed a written report alleging that when her mother-in-law, was going to therapy then to unknown person approached her mother-in-law and snatched ornaments wore by her and handed over three imitated Bengals. After registration of FIR No.117/2024 at P.S. Jawahar Nagar, police has identified involvement of present petitioner and wife of present petitioner-Jehri @ Jeri. In the instant case, after the investigation police has filed a charge-sheet under Section 420 IPC and kept investigation pending under Section 173(8) of Cr.P.C. against other accused.

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This petitioner was arrested on 13.04.2024 and since then he is in custody. The complainant has refused for identification and no identification was conducted by police during investigation in the instant case. A fact is quite clear that total six cases were registered at Jaipur only and overall total 23 criminal cases registered against this petitioner.

[2024:RJ-JP:44765]

[CRLMB-10755/2024]

(3 of 3)

We have gone through the charge-sheet in other cases referred by learned Senior Advocate wherein also a same nature of crime was allegedly committed. The involvement was justified by police investigation but as regard to identification is concerned it was duty of police to conduct identification during investigation but in any case, if same is not conducted then the second opportunity would be while recording statement of victim as witness before the Trial Court, therefore, it would be appropriate to direct the Trial Court to record the statement of victim on priority basis. But looking to involvement in which number of cases, it is not appropriate to release present petitioner on bail.

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In view of aforesaid, the bail application under Section 483 of BNSS is hereby dismissed but the Trial Court is directed to record the statement of victim on priority basis. After recording of statement of victim this petitioner is entitled to file bail application.

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(ASHOK KUMAR JAIN),J

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Arun/2

Sajid Ali Khan @ Sikhandar S/O Haider Ali @ Sakhi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sajid Ali Khan @ Sikhandar S/O Haider Ali @ Sakhi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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