Mohammad Islam Bhati S/O Kabir Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 10378/2025

Mohammad Islam Bhati S/o Kabir, Aged About 25 Years, R/o Ward No. 1, Gudhagodji, Police Station Gudhagodji, District Jhunjhunu (Rajasthan) (At Present Confined In District Jail Jhunjhunu, District Jhunjhunu).

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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. Jitendra Singh Shekhawat For Respondent(s) : Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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20/08/2025

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This instant application for bail filed under Section 483 of BNSS by the applicant-accused Mohammad Islam Bhati S/o Kabir in FIR No. 247/2025 dated 12.06.2025 registered at P.S. Gudha District -Jhunjhunu, whereby the applicantaccused was charged under Sections 189(2), 115(2), 126(2), 324(3), 352, 117(2), 118(1), 109(1) and 61(2) of BNS.

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The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application.

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Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by

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the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.

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Learned counsel for petitioner submitted that petitioner is not a part of a group which assaulted the complainant party. He further submitted that this petitioner has not played any role in assault rather he was standing near the vehicle. He also submitted that there is no criminal antecedent against the petitioner. He further submitted that no specific attribution is made upon this petitioner for causing assault upon injured.

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Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted report received from concerned police station and same is taken on record.

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Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record.

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On the basis of report dated 12.06.2025 lodged by Rohit @ Jhonny about assault on himself, Ashish and Akshat by a group of 12-13 persons in two camper vehicle in the night of 10.06.2025, a report is registered and matter is investigated. The police has found involvement of several persons including present petitioner as member of group which assaulted complainant and other persons in the night of 10.06.2025. As per police, Rohit and Mohammad Islam were standing near the vehicle and incident was committed

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at the instance of Rohit Mehla. The petitioner is in custody since 27.07.2025 and there is no criminal antecedents against the petitioner.

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Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicantaccused.

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Thus, the instant bail application filed on behalf of applicantaccused Mohammad Islam Bhati S/o Kabir , is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

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(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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