Atiq Ahmed S/O Shafiq Ahmed Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 9209/2025

Atiq Ahmed S/o Shafiq Ahmed, Aged About 22 Years, R/o Village Bhikampur Bela, Police Station Sahaswan, District Badayu, Uttar Pradesh, Presently House No. 5-B, Durga Vistar Colony, Behind N.b.c. Quarter, Khatipura Road, Police Station Sadar, Jaipur, Rajasthan. (At Present Confined In Central Jail Jaipur, District 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) : Ms. Suman Sharma For Respondent(s) : Mr. Devi Singh, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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04/08/2025

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This instant application for bail filed under Section 483 of BNSS by the applicant-accused Atiq Ahmed S/o Shafiq Ahmed in FIR No.187/2025 dated 30.05.2025 registered at P.S. Vaishali Nagar, District – Jaipur, whereby the applicantaccused has charged under Section 109(1), 3(5) of BNS.

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Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further She submitted that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. She further assures that in case, the applicant-accused is required for

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further investigation, the applicant-accused will be available for such investigation. She also submitted that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.

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Learned counsel for petitioner submitted that co-accused Adil Khan was granted bail by learned trial court under Section 483 BNSS and case of petitioner is identical to coaccused Adil. She further submitted that petitioner was not convicted on any previous occasion. She also submitted that police has not concluded investigation and disposal of trial will take time.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record.

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On the basis of report by complainant Chandmiya about assault by use of loading vehicle, report was registered and police has investigated the matter. Accused Adil Khan was detained and arrested by police and he was released by the trial court under Section 483 BNSS on 02.07.2023. The investigation suggested that the loading vehicle was driven by petitioner, who is named in the FIR as well. The order of trial court and the report indicated that one more case of similar nature was registered as FIR No.387/2025 at P.S. Jhotwara and same is under investigation. Even this petitioner was further detained and bound by police to maintain peace.

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Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicantaccused Atiq Ahmed S/o Shafiq Ahmed .

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Thus, the instant bail application filed on behalf of applicantaccused Atiq Ahmed S/o Shafiq Ahmed is hereby allowed and the applicant-accused Atiq Ahmed S/o Shafiq Ahmed is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicant-accused shall mark his attendance at concerned police station on every first Monday of every month till disposal of the case.

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(ii) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

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(iii) The applicant accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iv) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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