Ali Mohammad S/O Shri Rustam Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 11374/2025

Ali Mohammad S/o Shri Rustam, Aged About 46 Years, R/o Village Jheetredi, P.s. Jaluki, District Deeg (Rajasthan) (Presently Confined In Sub Jail, Deeg).

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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. Anupama Sharma Mr. Harishit Sharma
For Respondent(s)	: Mr. Manvendra Choudhary, PP
	Ms. Arti Sharma,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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18/09/2025

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The present bail application under Section 483 of BNSS is filed by the applicant-accused Ali Mohammad S/o Shri Rustam seeking bail in respect of a criminal case registered as FIR No.63/2025 dated 23.04.2025 registered at P.S. Jaluki District - Deeg, for the offence under Sections 189(2), 126(2) and 115(2) of BNS.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the

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applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

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Learned Counsel for Petitioner submits that complainant has registered a report against 8 named and remaining unnamed persons for assault upon Samoon Khan. He further submitted that a cross FIR No. 68/2025 is also registered by Hanif against Samoon Khan and others. He also submitted that the entire incident occurred in the night of 22.04.2025. He further submitted that present petitioner accused was arrested on the ground of involvement in the matter, but during investigation a bamboo stick was recovered at the instance of petitioner. He also submitted that only grievous injury upon Samoon Khan is attributed to Nafis son of Hanif, and not upon present petitioner. He also submitted that there is no criminal antecedent against the petitioner, who is in custody since 25.06.2025.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station.

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Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

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On the basis of report lodged by complainant Kalu Khan on 23.04.2025 for incident of night of 22.04.2025 against 8 named persons and other unnamed persons for assault upon Samoon Khan, the matter is investigated. During investigation, present petitioner is arrested and a bamboo

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stick is recovered at the instance of petitioner. One injury upon Samoon Khan is found as grievous and same is a fracture on left side of parietal region of skull, and same is opined as dangerous to life. The specific attribution during investigation is made against Nafis. There is no criminal antecedent 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 Ali Mohammad S/o Shri Rustam , 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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