Rajasthan High Court – Jodhpur
Kasam Khan vs State Of Rajasthan (2025:Rj-Jd:27910) on 26 June, 2025
[2025:RJ-JD:27910]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6637/2025
1. Kasam Khan S/o Gafur Khan, Aged About 40 Years, R/o
Bapini District Phalodi Rajasthan
2. Abdul Rahman Alias Rahim S/o Gafur Khan, Aged About
33 Years, R/o Bapini District Phalodi Rajasthan
3. Rahmatulla S/o Sadik Khan, Aged About 23 Years, R/o
Bapini District Phalodi Rajasthan
4. Illyas S/o Sadik Khan, Aged About 30 Years, R/o Bapini
District Phalodi Rajasthan
5. Umar S/o Fateh Khan, Aged About 36 Years, R/o Bapini
District Phalodi Rajasthan
----Petitioners
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. D.L.R. Vyas
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. O.P. Choudhary, PP
For Complainant(s) : Mr. Chirag Khatri
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
(VACATION JUDGE)
Order
26/06/2025
The present bail application has been preferred by the
petitioners under Section 482 BNSS (Old Section 438 Cr.P.C.) in
connection with FIR No.153/2025, Police Station Phalodi, District
Phalodi for the offences under Sections 189(2), 115(2), 126(2),
2. Learned counsel for the petitioners submits that a
compromise has been arrived at between the petitioners and
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complainants. It is further submitted that the learned Trial Court
has recorded a finding that petitioners have filed an affidavit
before it wherein while admitting the factum of compromise, they
have stated that now they do not want to pursue the matter.
Therefore, the petitioners may be released on anticipatory bail.
3. Learned Public Prosecutor has vehemently opposed the
prayer for anticipatory bail. However, learned counsel for the
complainant does not refute the contentions made by learned
counsel for the petitioners.
4. Heard the learned counsel for the parties and perused the
impugned order.
5. Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the bar, this
Court is of the opinion that it is a fit case for grant of anticipatory
bail to the petitioners under Section 482 BNSS (Old Section 438
Cr.P.C.).
6. Accordingly, the bail applications filed under Section 482
BNSS (Old Section 438 Cr.P.C.) are allowed and it is directed that
in the event of arrest of petitioners (1) Kasam Khan S/o Gafur
Khan, (2) Abdul Rahman Alias Rahim S/o Gafur Khan, (3)
Rahmatulla S/o Sadik Khan, (4) Illyas S/o Sadik Khan and (5)
Umar S/o Fateh Khan, in connection with FIR No.153/2025, Police
Station Phalodi, District Phalodi, the petitioners shall be released
on bail; provided each of them furnishes a personal bond in the
sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to
the satisfaction of the concerned Investigating Officer/S.H.O. on
the following conditions :-
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(i) that the petitioners shall make themselves available for
interrogation by a police officer as and when required;
(ii) that the petitioners shall not directly or indirectly make
any inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or any police officer; and
(iii) that the petitioners shall not leave India without previous
permission of the Court.
(CHANDRA SHEKHAR SHARMA (VACATION JUDGE)),J
99-T.Singh/-
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