Aamil S/O Shri Arshad Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Aamil S/O Shri Arshad Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Accused-petitioner Aamil S/o Shri Arshad directed to be released on bail under Section 483 BNSS in connection with FIR No.243/2025, provided he furnishes a personal bond of ₹1,00,000/- with two sureties of ₹50,000/- each to the satisfaction of the trial court and complies with the conditions laid down under Section 480(3) BNSS.

Issue for consideration

Whether accused-petitioner Aamil, arrested in connection with FIR No.243/2025 registered at Police Station Malarna Dunger, District Sawai Madhopur, is entitled to be released on bail under Section 483 BNSS.

Court's answer

Taking into consideration the contentions advanced, the material available on record, the nature of accusation, the length of custody, the possibility of trial taking time, the absence of criminal antecedents of similar nature and the offences being triable by Magistrate, and without expressing any opinion on the merits, the Court deemed it just and proper to enlarge the petitioner on bail.

Ratio / Principle

Bail was ordered subject to the petitioner furnishing a personal bond of ₹1,00,000/- together with two sureties of ₹50,000/- each to the satisfaction of the trial court, and complying with all conditions laid down under Section 480(3) BNSS.

Detailed headnote1 paragraphs

BAIL ALLOWED — S.B. Criminal Miscellaneous Bail Application No. 12949/2025 (Rajasthan High Court, Jaipur Bench), decided on 17/10/2025 by Hon'ble Mr. Justice Mahendar Kumar Goyal. Accused-petitioner Aamil S/o Shri Arshad (aged about 19 years, resident of Malarna Dunger, District Sawai Madhopur; in custody since 16.09.2025), arrested in connection with FIR No.243/2025 registered at Police Station Malarna Dunger, District Sawai Madhopur, for offences under Sections 61(2), 318(4) and 319(2) of BNS and Section 66D of I.T. Act, 2008, was enlarged on bail under Section 483 BNSS. Considering the nature of accusation, his length of custody, the possibility of trial taking time, absence of criminal antecedents of similar nature, and the offences being triable by Magistrate, the Court granted bail without expressing any opinion on the merits of the case, subject to furnishing a personal bond of ₹1,00,000/- with two sureties of ₹50,000/- each and compliance with the conditions under Section 480(3) BNSS.

[2025:RJ-JP:42680]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 12949/2025

Aamil S/o Shri Arshad, Aged About 19 Years, R/o Malarna, Dunger, District Sawai Madhopur, Rajasthan. (At Present Confined In Jail At Sawai Madhopur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Amir Aziz For Respondent(s) : Mr. Mahendra Singh Shekhawat, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

17/10/2025

The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity “the BNSS”). The petitioner has been arrested in connection with FIR No.243/2025 registered at Police Station Malarna Dunger, District Sawai Madhopur for the offence(s) under Section 61(2), 318(4), 319(2) of BNS and Section 66D of I.T. Act, 2008.

Learned counsel for the petitioner submits that he has falsely been implicated in this case. He also submits that he is in custody since 16.09.2025, investigation as against him is complete, trial of the case is likely to take time, he has no criminal antecedents, the offences are triable by Magistrate and prays for his release on bail.

Learned Public Prosecutor opposes the prayer.

Taking into consideration the contentions advanced by learned counsel for the petitioner, the material available on record,

[CRLMB-12949/2025]

[2025:RJ-JP:42680]

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nature of accusation against him, his length of custody, the possibility of trial taking time, absence of criminal antecedents of similar nature and offences being triable by Magistrate; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Aamil S/o Shri Arshad shall be released on bail under Section 483 BNSS in connection with aforementioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of ₹1,00,000/- (Rupees One Lac only) together with two sureties in the sum of ₹50,000/(Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) BNSS.

The office is directed to remit a copy of this order to the jurisdictional Court through E-mail forthwith.

(MAHENDAR KUMAR GOYAL),J

ANAND TANWAR /186