Allowed

Siraj Ahmed S/O Shri Israr v. State of Rajasthan

Rajasthan HC9 Jan 2025CRLMB/16494/2024

Case brief

AI extract

What is this about?

Third bail application in an attempt-to-murder FIR. All prosecution witnesses examined so far, including the injured witness PW-2 and family members PW-1, PW-3 and PW-4, were declared hostile for not supporting the prosecution story. The court granted bail without expressing any opinion on merits.

What did the court decide?

Petitioner to be released on bail on furnishing personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each, with undertaking to appear before trial court on hearing dates.

Siraj Ahmed S/O Shri Israr Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JP:1328]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. 3^rd Bail Application No. 16494/2024

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Siraj Ahmed S/o Shri Israr, Aged About 24 Years, R/o Kesarwas Mahmudabad, Post Meera Nagar, District Sitapur, Uttar Pradesh. (At Present Petitioner Is Confined In Central Jail Jaipur).

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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. Man Singh Meena For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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09/01/2025

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This third bail application has been filed by the accusedpetitioner under Section 483 B.N.S.S., in connection with F.I.R. No.215/2024 registered at Police Station Shivdaspura, District Jaipur City (South) for the offence punishable under Section 307 of IPC.

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The Second Bail Application bearing No.10421/2024 was dismissed by this Court vide order dated 17.09.2024 and the First Bail Application bearing No.4025/2024 was dismissed as withdrawn by this Court vide order dated 18.07.2024.

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Heard.

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Considered the submissions made at Bar and also perused the challan papers as well as the statements of prosecution witnesses examined so far.

[2025:RJ-JP:1328]

[CRLMB-16494/2024]

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Learned counsel for the petitioner submits that the injured witness has been examined as PW-2 and his mother has also been examined as PW-1 and other family members have also been examined as PW-3 & PW-4.

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On perusal of the statements of the prosecution witnesses examined so far, this Court finds that the injured witness PW-2 in his statement has averred that the injury caused to him was from the back side when he was sitting in the room, and the same may be caused by a female or a male and since he has not supported the prosecution story, he was declared hostile. The other prosecution witnesses PW-1 (mother of the injured) PW-3 & PW-4 (the family members of the injured) have also been examined and they have also not supported the prosecution story and have been declared hostile.

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Having regard the submissions made by learned counsel for the petitioner, further on perusal of the statements of the prosecution witnesses examined so far who have been not supported the prosecution story and have been declared hostile and so also the fact that the accused-petitioner is in custody since 04.03.2024, this Court without expressing any opinion on the merit and demerits of the case, deems just and proper to enlarge the petitioner on bail.

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This third bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided 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) each to the satisfaction of the trial Court with the stipulation that he shall appear before

[2025:RJ-JP:1328]

[CRLMB-16494/2024]

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that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(GANESH RAM MEENA),J

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DIVYA SAINI /17

Siraj Ahmed S/O Shri Israr v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Siraj Ahmed S/O Shri Israr v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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