Mohammad Aarif S/O Jamaluddin Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

Mohammad Aarif S/O Jamaluddin Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Both accused-petitioners (1. Mohammad Aarif S/o Jamaluddin, 2. Mustak Khan @ Babbal S/o Kallu Khan) enlarged on bail in connection with FIR No. 42/2025 registered at Police Station Govindgarh, District Alwar, subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge and appearance before the court concerned on all dates of hearing.

Issue for consideration

Whether the accused-petitioners, implicated in FIR No. 42/2025 (Police Station Govindgarh, District Alwar) for offences under Sections 319(2), 318(4) and 316(2) of BNS and Section 66C of IT Act, may be enlarged on bail, on counsel's submissions that the offences are exclusively triable by Magistrate, the petitioners have been in custody since 28.01.2025, and the trial may take considerable time.

Court's answer

Considering the arguments advanced and the facts that the case of the petitioners is triable by Magistrate, the accused-petitioners have been in custody since 28.01.2025 and the trial may take considerable time, and expressly without expressing anything on the merits of the case, the Single Bench deems it just and proper to enlarge the accused-petitioners on bail.

Ratio / Principle

The bail enlargement is conditional upon the accused-petitioners furnishing 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 Judge, and appearing before the court concerned on all dates of hearing as and when called upon.

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan, Jaipur Bench (Single Bench: Justice Praveer Bhatnagar), Order dated 13/02/2025 in S.B. Criminal Miscellaneous Bail Application No. 2040/2025: Bail granted under Section 483 BNSS to Mohammad Aarif S/o Jamaluddin and Mustak Khan @ Babbal S/o Kallu Khan, accused in FIR No. 42/2025 registered at Police Station Govindgarh, District Alwar, booked under Sections 319(2), 318(4) and 316(2) of BNS and Section 66C of IT Act. Grounds relied on by the court: the case is triable by Magistrate; the accused-petitioners are in custody since 28.01.2025; the trial may take considerable time. Decision taken expressly 'without expressing anything on the merits of the case'. Conditions: personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, satisfactory to the learned trial Judge, and appearance on all dates of hearing. Public Prosecutor opposed the grant; opposition was not accepted. No precedent cited; single-opinion order; no dissent. Filing date not stated.

[2025:RJ-JP:6491]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 2040/2025

Mohammad Aarif S/o Jamaluddin, R/o Badi Masjid Ke Pas, Jurheda, Police Station Jurheda, District Deeg.

Mustak Khan @ Babbal S/o Kallu Khan, R/o Pandito Ka Mohalla, Rambas, Police Station Govindgarh, District Alwar.

(At Present Accused Petitioners Confined In Central Jail, Alwar).

----Petitioners

Versus

State Of Rajasthan, Through Pp

	----Respondent
For Petitioner(s)	: Mr. Aslam S Khan
For Respondent(s)	: Mr. Manvendra Singh, PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

13/02/2025

The instant bail application has been filed under Section 483 of BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 42/2025 registered at Police Station Govindgarh, District Alwar for the offence under Sections 319(2), 318(4) and 316(2) of BNS and Section 66C of IT Act.

Learned counsel for the petitioners submits that the accused petitioners have falsely been implicated in this case. Counsel further submits that offences alleged to have been committed by the petitioners are exclusively triable by Magistrate. The accusedpetitioners are in custody since 28.01.2025 and the trial of the

[2025:RJ-JP:6491]

[CRLMB-2040/2025]

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case may take considerable time, therefore, the petitioners may be enlarged on bail.

Per contra, learned Public Prosecutor opposes the grant of bail application.

Considering the arguments advanced by the counsel for the parties and looking to the fact that the case of the petitioners is triable by Magistrate. The accused-petitioners are in custody since 28.01.2025 and the trial of the case may take considerable time, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail.

Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners 1. Mohammad Aarif S/o Jamaluddin, 2. Mustak Khan @ Babbal S/o Kallu Khan, in connection with FIR No. 42/2025 registered at Police Station Govindgarh, District Alwar shall be enlarged on bail provided them furnish 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 Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

(PRAVEER BHATNAGAR),J

ashu /316