Shoyab Khan vs State Of Rajasthan (2025:Rj-Jd:24127) on 19 May, 2025

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Order

19/05/2025
These applications for bail under Section 483 of BNSS (439

Cr.P.C.) have been filed by the petitioners who have been arrested

in connection with F.I.R. No.111/2025 registered at Police Station

Kotwali Nagaur, District Nagaur for offences under Sections

126(2), 115(2), 109(1), 190, 191(2), 191(3), 352 and 351(3) of

the BNS and under Sections 27, 5/35 and 4/25 of the Arms Act.

Heard learned counsel for the petitioners, learned counsels

for the complainant and learned Public Prosecutor. Perused the

material available on record.

All the learned counsel for the petitioners submit that as per

the story of the prosecution, accused-Asif S/o Munshi made

threatening call to the complainant’s son. Subsequently, he along

with the present petitioners, arrived outside the complainant’s

house armed with pistols, lathis & sword, and began calling out

complainant’s son. However, due to fear, he did not step outside.

When the complainant attempted to intervene and requested

them to leave, it is alleged that accused Asif S/o Munshi fired

gunshots in the air, and the other co-accused attempted to assault

the complainant with the lathis, as a result of which the

complainant sustain injuries. Learned counsel further submits that

the accused-petitioners have been falsely implicated in the present

case. Learned counsel submits that as per the report, the alleged

injuries inflicted on the complainant are not on the vital part of the

body and not dangerous to life. Learned counsel further submits

025:RJ-JD:24127] (3 of 4) [CRLMB-5821/2025]

that there was no previous enmity between the accused-

petitioners and the complainant as well as his son. Learned

counsel submits that the petitioners are in judicial custody since

long and the trial of the case will take sufficiently long time,

therefore, the benefit of bail may be granted to the accused-

petitioners.

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