Allowed

Farukh Husain S/O Abdul Gafoor v. State of Rajasthan

Rajasthan HC3 Feb 2025CRLMB/14390/2024

Case brief

AI extract

What is this about?

Bail applications under Section 483 BNSS by three accused in a Section 302/120B/201 IPC murder case based on circumstantial evidence. Court considered charge-sheet material, custody period since June 2024 and likely trial delay, and granted bail with conditions.

What did the court decide?

Petitioners released on bail on personal bond of Rs.50,000 each with two sureties of Rs.25,000 each to satisfaction of Trial Court.

Farukh Husain S/O Abdul Gafoor Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2025)

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[2025:RJ-JP:4650]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 14390/2024 Farukh Husain S/o Abdul Gafoor, Aged About 48 Years, R/o Chhabra, Police Station Chhabra, District Baran (Raj.) (At Present Confined In Sub Jail Chhabra)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 16053/2024

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Ashif Khan S/o Saleem Khan @ Kamaal, Aged About 26 Years, R/o Bamorighata, Police Station Chhipa Barod, District Baran (Rajasthan) (At Present In Sub Jail Chhabra, District Baran)

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Rijwan Khan @ Bhuru S/o Abdul Rajak, Aged About 27 Years, R/o Kolukhedi, At Present Tower Colony, Police Station Chhabra, District Baran (Raj) (At Present In Sub Jail Chhabra, District Baran).

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----Petitioners

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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. Shailesh Kumar Panwar Mr. Shyam Bihari Gautam Mr. Rajesh Kumar Sharma
For Respondent(s)	:	Ms. Arti Sharma, PP Mr. N.S. Dhakar, PP
		Mr. Ajeet Choudhary, S.I. & SHO, P.S. Chhipabarod, District Baran Mr. Brijendra Singh Kacchwaha for Mr. Naresh Kumar Singhal, for complainant

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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03/02/2025

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These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.308/2024 registered at Police Station

[2025:RJ-JP:4650]

[CRLMB-14390/2024]

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Chhipabarod, District Baran for offence punishable under Section 302 of IPC. Charge-sheet has been filed for offences under Sections 302, 120B & 201 of IPC.

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Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is submitted that entire prosecution case is based on circumstantial evidence. Initially, no evidence was available with the prosecution to make arrest of the petitioners. It is submitted that later on, after three days’ of the arrest i.e. 28.06.2024, a blood-stained brick has been shown to be recovered at the instance of petitioners. Learned counsel contend that initially, opinion with regard to cause of death was kept reserved. However, in pursuance of the letter dated 27.06.2024 sent by SHO PS Chhipa Barod to concerned Medical Officer, CHC Chhipa Barod, seeking clarification for cause of death of deceased, it was opined by the members of the medical board who conducted postmortem on the dead body that the cause of death was the head injury. It was also opined that the weapon of offence would be a stone, brick or any heavy metal or falling on a rough surface from in a particular angle. Congestion of windpipe was also opined to be one of the cause of death. Thus, there is no clarity for the cause of death. It is contended that petitioners are in custody since 25.06.2024. Charge-sheet has been filed and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose.

[2025:RJ-JP:4650]

[CRLMB-14390/2024]

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Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by counsel for the petitioners. It is submitted that on the basis of concrete information received from the informer, arrest of the petitioners were made and thereafter, recoveries were affected on their instance including brick and scarf.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners as also considering the material available on record in the form of charge-sheet; period of custody and trial will take long time in its conclusion but without commenting anything on merits and demerits of the case, I deem it proper to allow these bail applications.

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These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Farukh Husain S/o Abdul Gafoor, (2) Ashif Khan S/o Saleem Khan @ Kamaal, (3) Rijwan Khan @ Bhuru S/o Abdul Rajak, shall be released on bail provided each of them shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent

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[2025:RJ-JP:4650] (4 of 4)

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[CRLMB-14390/2024]

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dates of hearing and as and when called upon to do so.

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The observation made hereinabove is just for decision of these bail applications and would not prejudice trial in any manner.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /108-109

Farukh Husain S/O Abdul Gafoor v. State of Rajasthan

Case brief

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Farukh Husain S/O Abdul Gafoor v. State of Rajasthan

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