Mohammad Hasam S/O Subhan Khan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Mohammad Hasam S/O Subhan Khan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Release of the accused-petitioner on bail on furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the Trial Court, with undertaking to appear on all hearing dates, subject to the stipulation that he shall not celebrate his release in public (failing which the State may seek cancellation of bail).

Issue for consideration

Whether the accused petitioner should be enlarged (released) on bail under Section 483 BNSS in connection with FIR No. 367/2023, Police Station Jurhara, District Deeg, involving offences under Sections 419, 420, 467, 468 and 471 IPC.

Ratio / Principle

Having regard to counsel's submissions, the absence of any other criminal case pending against the accused petitioner, and his custody since 07.10.2024, the Court found it just and proper to enlarge the petitioner on bail.

Key takeaways

The second bail application is allowed and the accused-petitioner is directed to be released on bail on furnishing a personal bond of Rs. 1,00,000/- together with two sureties of Rs. 50,000/- each to the satisfaction of the Trial Court, with stipulation to appear before that Court (or any Court to which the matter is transferred) on all subsequent hearing dates and as and when called upon.ratio¶21
A special bail condition is stipulated: the accused-petitioner shall not celebrate his release in public; if found celebrating his release in public, the State shall be at liberty to move an application for cancellation of his bail. The Court records that persons involved in online fraud in certain areas were reported to celebrate their release publicly.ratio¶22

Detailed headnote1 paragraphs

Bail granted under Section 483 BNSS: Second bail application of Mohammad Hasam S/o Subhan Khan (accused in FIR No. 367/2023, Police Station Jurhara, District Deeg, for offences under Sections 419, 420, 467, 468 and 471 IPC), in custody since 07.10.2024 and confined in Sub Jail Deeg, was allowed by the Rajasthan High Court (Jaipur Bench; Ganesh Ram Meena, J.) on 07/01/2025. His first bail application had been dismissed as withdrawn on 12.07.2024, and the police had submitted the charge-sheet after investigation (per counsel's submission). Finding no other criminal case pending against him and noting his custody since 07.10.2024, the Court ordered his release on bail on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the Trial Court, requiring attendance on all hearing dates, and imposed a special condition that he shall not celebrate his release in public; if he does, the State is at liberty to seek cancellation of his bail.

[2025:RJ-JP:828]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. 2^nd Bail Application No. 13609/2024

Mohammad Hasam S/o Subhan Khan, Aged About 31 Years, R/o Sabalgarh, Police Station Jurhara, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg).

----Petitioner

Versus

State of Rajasthan, through PP

----Respondent

For Petitioner(s) : Mr. Ankit Khandelwal For Respondent(s) : Mr. N.K. Gupta, PP

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

07/01/2025

This second bail application has been filed by the accused petitioner u/S 483 BNSS in connection with FIR No. 367/2023 registered at Police Station Jurhara, District Deeg for offence u/S 419, 420, 467, 468 & 471 IPC.

The first bail application was dismissed as withdrawn vide order dated 12.07.2024.

Learned counsel for the accused petitioner submits that the accused petitioner has been falsely implicated in this case. He further submits that after conclusion of the investigation, the police has submitted charge-sheet in the matter. He also submits that the accused petitioner is in custody since 07.10.2024 and he is no more required for any kind of interrogation and recovery and the trial will take its own time, therefore the accused petitioner may be released on bail.

[2025:RJ-JP:828]

[CRLMB-13609/2024]

(2 of 2)

Learned Public Prosecutor vehemently opposed the bail application.

Having regard to the submissions made by learned counsel for the accused petitioner and so also the fact that no other criminal case pending against the accused petitioner and he is in custody since 07.10.2024, this Court deems just and proper to enlarge the petitioner on bail.

Accordingly, this second bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs. 1,00,000/(Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

It has been brought to the notice of this Court that such type of accused persons of particular areas, who are found to be involved in the online fraud, after their release from a criminal case, celebrate their release in public, hence, taking into consideration the aforesaid aspect, a condition is stipulated that the accused-petitioner shall not celebrate his release in public, and if he is found to be involved in celebrating his release in public, the State shall be at liberty to move the application for cancellation of his bail.

(GANESH RAM MEENA),J

GAURAV SRIVASTAVA /25