Allowed

Mustkim S/O Talim v. State of Rajasthan

Rajasthan HC5 Sept 2024CRLMB/10906/2024

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Ganesh Ram Meena allowed second bail applications filed by multiple accused in a case involving online fraud and forgery offences. The court directed release on personal bond with sureties and imposed an additional condition prohibiting public celebration of release.

What did the court decide?

Petitioners enlarged on bail by furnishing a personal bond in Rs.1,00,000/- with two sureties of Rs.50,000/- each and agreeing not to celebrate release in public.

Mustkim S/O Talim Vs State of Rajasthan — Contract and Commercial Disputes | Rajasthan HC (2024)

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[2024:RJ-JP:37384]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 10901/2024

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Hamid S/o Sahun, Aged About 26 Years, R/o Lalpuri, Police Station Kishangarh Bas, District Khairthal-Tijara. (At Present Confined At Sub Jail Kishangarhbas)

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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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Connected With

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 10902/2024 Jasudin @ Jarak S/o Shri Jhaggad, Aged About 45 Years, R/o Lalpuri, P.S. Kishangarhbas, District Khairthal-Tijara (Raj.). (At Present Confined In Sub Jail Kishangarhbas)

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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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S.B. Criminal Miscellaneous 2^nd Bail Application No. 10903/2024 Shakil S/o Shri Sahabu, Aged About 35 Years, R/o Gwalda, P.S. Chopanki, District Khairthal-Tijara (Raj.) (At Present Confined In Sub Jail Kishangarhbas)

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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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S.B. Criminal Miscellaneous 2^nd Bail Application No. 10904/2024

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Sarup @ Manni S/o Shri Jasudin, Aged About 19 Years, R/o Lalpuri, P.S. Kishangarhbas, District Khairthal-Tijara, (Raj.). (At Present Confined In Sub Jail Kishangarhbas)

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Sahil S/o Jasudin @ Jarak, Aged About 20 Years, R/o

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	Lalpuri, P.S. Kishangarhbas,
	District Khairthal-Tijara, (Raj.). (At Present Confined In Sub Jail Kishangarhbas)
3.	Jakar S/o Jhaggad, Aged About
	25 Years, R/o Lalpuri, P.S.
	Kishangarhbas, District
	Khairthal-Tijara, (Raj.). (At
	Present Confined In Sub Jail
	Kishangarhbas)

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----Petitioners

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Versus

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State Of Rajasthan, through PP

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S.B. Criminal Miscellaneous 2^nd	----Res Bail Application No. 1090	pondent 5/2024
1.	Tasleem @ Kallo S/o	Saddik,
	Aged About 19 Yea	rs, R/o
	Lalpuri, P.S. Kishang	arhbas,
	District Khairthal-Tijara	, (Raj.).
	(At Present Confined In Jail Alwar).	District
2.	Hakmudeen S/o Nablu	, Aged
	About 37 Years, R/o	Lalpuri,
	P.S. Kishangarhbas,	District
	Khairthal-Tijara, (Raj.	). (At
	Present Confined In Dis Alwar).	trict Jail

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----Petitioners

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Versus

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State Of Rajasthan, through PP

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----Respondent

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 10906/2024 Mustkim S/o Talim, Aged About 24 Years, R/o Jaitalka, Police Station Punhana, District Nuh, Mewat, Haryana. (At Present Confined In Central Alwar, District Alwar).

----Petitioner

Versus

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[CRLMB-10901/2024]

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State Of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Shiv Kumar & Mr. Sabir Ali Mr. Anil Kumar Yadav Mr. Jiya-Ur-Rahman Mr. Anil Kumar Jain For Respondent(s) : Mr. N.S. Dhakad, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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05/09/2024

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These 2^nd bail applications have been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioners in connection with FIR No.243/2024 registered at Police Station Kishangarh Bas, District Khairthal-Tijara for offences under Sections 419, 420, 467, 468, 471 & 120-B IPC and Section 66 of the Information and Technology Act.

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First bail applications filed by the petitioners bearing S.B. Criminal Misc. Bail Applications No.7825/2024, 8232/2024, 7823/2024, 7824/2024, 7746/2024 and 7826/2024 respectively were dismissed as withdrawn vide order dated 10.07.2024 with liberty to file fresh bail application after filing of the challan.

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Learned counsel for the petitioners submits that the Police after completion of investigation has submitted charge-sheet in the matter and the offences alleged against the petitioners are triable by the Magistrate and they are behind the bars since 28.05.2024, therefore, the petitioners may be released on bail.

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Learned Public Prosecutor has vehemently opposed the second bail applications.

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Considered the submissions made by counsel for the petitioners and perused the material available on record.

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Having considered the submissions made by counsel for the petitioners, carefully gone through the challan papers and considering the allegations levelled against the accused-petitioners so also the fact that the offences as alleged against them are triable by the Court of Magistrate, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the petitioners on bail.

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Accordingly, the 2^nd bail applications under Section 483 of the B.N.S.S. are allowed and it is ordered that the accused-petitioners named above in connection with FIR No.243/2024 registered at Police Station Kishangarh Bas, District Khairthal-Tijara, they shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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It has been brought to the notice of this Court that these accused-persons of particular areas, who are involved in online frauds often times, after their release from a criminal case, celebrate their release in public. Hence, taking into consideration the aforesaid aspect, a condition is imposed that the accusedpetitioners shall not celebrate their release in public and if they are found to be involved in celebrating their release in public, the State shall be at liberty to move the application for cancellation of

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their bail.

A copy of this order be placed in connected files.

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(GANESH RAM MEENA),J

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Ashish Kumar /24-29

Mustkim S/O Talim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mustkim S/O Talim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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