Rajasthan High Court – Jodhpur
Riyaj Mohammad @ Kalu vs State Of Rajasthan (2025:Rj-Jd:18971) on 17 April, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:18971]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 1194/2025
Riyaj Mohammad @ Kalu S/o Mohd. Yusuf Nilgar, Aged About 22
Years, R/o Backside To Waterworkers, Ekta Colony, P.s.
Pratapnagar Dist Bhilwara (Raj) (Presently Lodged In Dist Jail
Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ashok Khilery
Mr. Vishal Sharma
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
17/04/2025
1. This second application for bail under Section 483 BNSS has
been filed by the petitioner who has been arrested in connection
with F.I.R. No.349/2024 registered at Police Station Pratap Nagar
(Bhilwara), Dist. Bhilwara, for the offences under Sections 341,
323/34, 326/34, 307/34 of IPC and Sections 4/25 of Arms Act.
2. The first bail application moved on behalf of the petitioner
was dismissed by this Court vide order dated 11.11.2024 while
granting liberty to move a fresh bail application after recording of
the statements of injured- Anand before the competent criminal
court.
3. Learned counsel for the petitioner submitted that the
petitioner has been falsely implicated in the present case. Learned
counsel submitted that the statements of the injured- Anand have
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been recorded before the competent criminal Court on 06.01.2025
as PW.2. Drawing attention of the Court towards the statements of
injured- Anand (PW.2), learned counsel submitted that the
statements of PW.2 clearly indicates that he work as a porterer
and he is habitual of consuming ganja. On the date of the alleged
incident, a fight erupt between the injured, Bhagwati, Mujaffur
and Kalu etc. on a trifle issue. In heat of the moment, the
petitioner allegedly caused an injury to the injured with sharp
weapon.
4. Learned counsel submitted that material available on record
including the statements of injured- PW.2 are sufficient to
establish that petitioner had no motive to commit the alleged
crime and on the date of the alleged incident, when the petitioner
reached the house of Yunus for buying ganja a fight took place
between the injured- Anand (PW.2) and the co-accused persons,
in which an injury with sharp weapon was allegedly inflicted by the
petitioner upon the injured (PW.2).
5. Lastly, learned counsel submitted that the petitioner is in
judicial custody; the statements of the injured have already been
recorded before the competent criminal Court, therefore now
there is no apprehension of the petitioner influencing him or
tampering with the evidence; and the trial of the case will take
sufficiently long time, therefore, the benefit of bail may be granted
to the accused-petitioner.
6. Per contra, learned Public Prosecutor has vehemently
opposed the bail application. However, he was not in a position to
refute the fact that the statements of the injured- Anand (PW.2)
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prima facie indicates that the petitioner and injured knew each
other since long and on the date of the alleged incident, when the
petitioner went to Yunus’s place to buy drugs (ganja), a fight
erupted between him and the accused persons, in which the
petitioner has allegedly inflicted single injury with sharp weapon
upon the injured. He was also not in a position to shown any
apprehension of the petitioner influencing the remaining material
prosecution witnesses of the case or fleeing away from justice, in
case, he is enlarged on bail.
7. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
8. Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
9. Consequently, the second bail application under Section 483
BNSS is allowed. It is ordered that the accused-petitioner Riyaj
Mohammad @ Kalu S/o Mohd. Yusuf Nilgar arrested in
connection with F.I.R. No.349/2024 registered at Police Station
Pratap Nagar (Bhilwara), Dist. Bhilwara, shall be released on bail,
if not wanted in any other case, provided he furnishes a personal
bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the
satisfaction of learned trial court, for his appearance before that
court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
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10. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
278-divya/-
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