Ilmdeen vs State Of Rajasthan (2025:Rj-Jd:31770) on 18 July, 2025

Rajasthan High Court – Jodhpur

Ilmdeen vs State Of Rajasthan (2025:Rj-Jd:31770) on 18 July, 2025

[2025:RJ-JD:31770]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 7926/2025

1.       Ilmdeen S/o Resham Khan, Aged About 50 Years, R/o
         Pannasar, P.S. Bhaniyana, District Jaisalmer, Rajasthan
2.       Hazur @ Umar Farooq S/o Imamdin, Aged About 24
         Years,      Pannasar,      P.S.     Bhaniyana,             District   Jaisalmer,
         Rajasthan
         (At Present Lodged At District Jail Jaisalmer)
                                                                         ----Petitioners
                                       Versus
State Of Rajasthan, Public Prosecutor
                                                                        ----Respondent


For Petitioner(s)            :     Mr. Himanshu Pareek for Mr. Naman
                                   Mohnot
For Respondent(s)            :     Mr. Urja Ram Kalbi, Public Prosecutor
                                   Mr. Ankur Mathur for the complainant



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

18/07/2025

The instant application for bail under Section 483 of BNSS

(439 Cr.P.C.) has been filed by the petitioners who have been

arrested in connection with F.I.R. No.33/2025, registered at Police

Station Bhaniyana, District – Jaisalmer for the offences under

Sections 191(2), 190, 263(b), 121(1), 131 & 132 of the BNS.

Learned counsel for the petitioner does not want to press the

bail application qua the petitioner No.1 – Ilmdeen at this stage,

however, he seeks liberty for the petitioner to file a fresh bail

application after filing of the challan.

Accordingly, this bail application qua the petitioner No.1 –

Ilmdeen is dismissed as not pressed with liberty as prayed for.

(Downloaded on 21/07/2025 at 09:43:55 PM)
[2025:RJ-JD:31770] (2 of 3) [CRLMB-7926/2025]

Heard learned counsel for the petitioners, learned Public

Prosecutor and the learned counsel for the complainant on the

application for bail qua petitioner No.2 – Hazur @ Umar Farooq S/o

Imamdin. Perused the material available on record.

Learned counsel for the petitioners submits that the

petitioner has been falsely implicated in this case and he was

connected in this matter along with the co-accused Ishak Khan,

Imamdin, Naju and Mohd. Salim @ Salim. It is further submitted

by learned counsel for the petitioner that the co-accused Ishak

Khan, Imamdin, Naju and Mohd. Salim @ Salim have been

enlarged on bail by the learned trial Court itself vide orders dated

19.04.2025 and 11.06.2025, passed in Bail Application

No.67/2025 and 94/2025 respectively but the bail application filed

by petitioner No.2 – Hazur @ Umar Farooq S/o Imamdin was

rejected by the learned trial Court vide order dated 21.06.2025 on

the ground that he was having one previous criminal antecedent.

Although, this antecedent was not mentioned in the bail order but

it was informed by the learned Public Prosecutor that there was a

previous antecedent with regard to offence under Section 307 IPC.

Learned counsel for the petitioner submits that the petitioner

No.2 – Hazur @ Umar Farooq S/o Imamdin is in judicial custody

since 16.06.2025 and the trial of the case will take sufficiently

long time, therefore, the benefit of bail may be granted to the

accused-petitioner.

Per contra, learned Public Prosecutor and the learned counsel

for the complainant oppose the bail application.

(Downloaded on 21/07/2025 at 09:43:55 PM)

[2025:RJ-JD:31770] (3 of 3) [CRLMB-7926/2025]

Learned counsel for the complainant submits that the

petitioner is having criminal record and was earlier also accused

for the offence under Section 307 IPC, therefore, looking to the

antecedent of the petitioner, the benefit of bail may not be

extended to him.

Having considered the rival submissions, facts and

circumstances of the case; considering that petitioner No.2 –

Hazur @ Umar Farooq S/o Imamdin is in judicial custody since

16.06.2025 and the trial of the case will take significant time,

without expressing any opinion on merits/demerits of the case,

this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS

(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner

Hazur @ Umar Farooq S/o Imamdin, arrested in connection

with F.I.R. No.33/2025, registered at Police Station Bhaniyana,

District – Jaisalmer, 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.

(MUKESH RAJPUROHIT),J
129-Ramesh/-

(Downloaded on 21/07/2025 at 09:43:55 PM)

Powered by TCPDF (www.tcpdf.org)