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

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

What the court decided

AI extract

Outcome

Both accused-petitioners (Najir S/o Jamil and Sanjay @ Rahit Khan S/o Hamid) enlarged on bail, each to furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court, with the stipulation that they will appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.

Issue for consideration

Whether the accused-petitioners Najir and Sanjay @ Rahit Khan, in custody since 30.09.2024 and charge-sheeted for offences under Sections 310(4) and 310(5) B.N.S., Sections 3(1) and 25(1)(b) of Arms Act and Section 11 of Rajasthan Dacoity Affected Area in connection with FIR No. 452/2024 (P.S. Maniya, District Dholpur), may be enlarged on bail under Section 483 B.N.S.S., particularly in view of similarly situated co-accused already enlarged on bail.

Court's answer

Taking into account the contentions of the counsel for the parties and the facts and circumstances of the case, and without expressing any opinion on the merits, the court deemed it just and proper to enlarge the petitioners on bail.

Ratio / Principle

The bail application under Section 483 B.N.S.S. is allowed; the accused-petitioners Najir S/o Jamil and Sanjay @ Rahit Khan S/o Hamid are to be enlarged on bail, each furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to appearance before the trial court on all subsequent hearing dates and as called upon.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous Bail Application No. 1419/2025, decided 07/02/2025 by Hon'ble Mr. Justice Narendra Singh Dhaddha. Bail application under Section 483 B.N.S.S. allowed for accused-petitioners Najir S/o Shri Jamil and Sanjay @ Rahit Khan S/o Shri Hamid, in custody since 30.09.2024 (District Jail Dholpur) and charge-sheeted in connection with FIR No. 452/2024 of P.S. Maniya, District Dholpur, for offences under Sections 310(4) and 310(5) B.N.S., Sections 3(1) and 25(1)(b) of Arms Act and Section 11 of Rajasthan Dacoity Affected Area. Grant made without expressing any opinion on the merits, on consideration of counsel's contentions, including parity with similarly situated co-accused (Aarif, Pacchu, Noor Aalam, Sanu, Mustaq Khan) earlier enlarged on bail vide orders dated 23.01.2025 in S.B. Criminal Misc. Bail Application No. 16465/2024 (connected with No. 999/2025) and dated 19.12.2024 in No. 15973/2024, and counsel's submission that conclusion of trial may take long time. Conditions: personal bond of Rs.50,000/- each with two sureties of Rs.25,000/- each, and appearance before the trial court on all hearing dates.

[2025:RJ-JP:5444]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 1419/2025

Najir S/o Shri Jamil, Aged About 24 Years, R/o Todabheem Mukhvara, Police Station Todabheem, District Gangapur City. (At Present Accused Petitioner Confined In District Jail Dholpur).

Sanjay @ Rahit Khan S/o Shri Hamid, Aged About 25 Years, R/o Kakrala, Police Station Alapur, District Budayu, Uttar Pradesh. (At Present Accused Petitioner Confined In District Jail Dholpur).

----Petitioners

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)	: Mr. Anshul Sharma
For Respondent(s)	: Mr. Jaiprakash Tiwari,Dy. G A

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

07/02/2025

The present bail application has been filed by the accusedpetitioner under Section 483 B.N.S.S. in connection with FIR No. 452/2024 registered at Police Station Maniya, District Dholpur for the offences under Sections 310(4) and 310(5) B.N.S. and Sections 3(1) and 25(1)(b) of Arms Act and Section 11 of Rajasthan Dacoity Affected Area.

Learned Sr. counsel for the petitioners submits that the petitioners have been falsely implicated in this case. They are behind the bars since 30.09.2024. Charge-sheet has been filed against the petitioner. Similarly situated co-accused Aarif, Pacchu, Noor Aalam, Sanu and Mustaq Khan have been enlarged on bail by

[2025:RJ-JP:5444]

[CRLMB-1419/2025]

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this Court vide orders dated 23.01.2025 in S.B. Criminal Misc. Bail Application No. 16465/2024 connected with S.B. Criminal Misc. Bail Application No. 999/2025 and 19.12.2024 in S.B. Criminal Misc. Bail Application No. 15973/2024. Conclusion of trial may take long time. Hence, the petitioners may be enlarged on bail.

Learned Dy. G A has opposed the bail application.

Considering the contentions put-forth by the counsel for the parties and taking into account the facts and circumstances of the case, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioners Najir S/o Jamil and Sanjay @ Rahit Khan S/o Hamid be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that they will appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.

(NARENDRA SINGH DHADDHA),J

Tahir/5