Rajasthan High Court – Jaipur
Mausam Ali @ Mausam S/O Asru vs State Of Rajasthan (2025:Rj-Jp:2275) on 16 January, 2025
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2025:RJ-JP:2275]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12323/2024
Salim S/o Amru, Aged About 25 Years, R/o Village Ladalaka
Police Station Kama District Deeg. At Present In Sub Jail, Deeg.
----Petitioner
Versus
State Of Rajasthan, Through The PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13197/2024
Mausam Ali @ Mausam S/o Asru, Aged About 32 Years, R/o
Ladlaka, Police Station Kaman, District Deeg (Raj.) (At Present
Accused Petitioner Confined In Sub Jail Deeg).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Harendra Singh
Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. N.S. Dhakar, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
16/01/2025
1. These bail applications have been filed under Section 483 of
BNSS on behalf of the petitioners, who have been arrested in
connection with FIR No.336/2024 registered at Police Station
Kama, District Deeg (Rajasthan) for the offences punishable under
Sections 143, 323, 341, 354, 379, 452, 504 & 506 of IPC. Later
on, police filed charge-sheet in this matter for the offences
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punishable under Sections 143, 323, 341, 452, 307, 504 & 506 of
IPC.
2. Learned counsel for the petitioners submit that petitioners
have falsely been implicated in this case. Counsel submit that
although as per the prosecution case, there is allegation against
the petitioner Mausam Ali @ Mausam to cause head injury to the
injured Sahid by lathi but in bed head ticket and admission form of
injured, it has been shown that the injury was hit by stone.
Counsel submit that charge-sheet has been filed in this matter.
Counsel submits that there are no criminal antecedents of the
petitioner Mausam Ali @ Mausam whereas only one case has been
registered against the petitioner Salim S/o Amru. Petitioners Salim
S/o Amru and Mausam Ali @ Mausam are in custody since
18.09.2024 & 02.10.2024 respectively and trial will take
considerable time. Further custody of the petitioners would not
serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
counsel for the petitioner. He submits that the head injury
sustained to the injured has been opined as dangerous to life.
4. At this stage, learned counsel for the petitioners submit that
the opinion regarding injury has been formed on the basis of bed
head ticket and discharge ticket of the injured and according to
these documents head injury was caused by stone as disclosed by
the injured and his family members to the doctor at initial stage.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of
the case; considering the arguments advanced by learned counsel
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for the petitioners and especially the version given by the injured
and his family members at initial stage when he was admitted in
the hospital; charge-sheet has been filed in this matter; absence
of criminal antecedents of the petitioner Mausam Ali @ Mausam;
period of custody, but without commenting anything on the
merits/demerits of the case, I deem it fit and proper to allow these
bail applications.
7. This bail application is accordingly allowed and it is directed
that accused-petitioner Salim S/o Amru & Mausam Ali @
Mausam S/o Asru shall be released on bail provided each of
them furnishes a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand only) together with two sureties in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) each to the
satisfaction of the learned Trial Court with the stipulation that they
shall appear before that Court and any court to which the matter is
transferred, on all subsequent dates of hearing and as and when
called upon to do so.
8. Any observation made hereinabove is only for decision of the
instant bail application and would not have any impact on the trial
of the case in any manner.
(ANIL KUMAR UPMAN), J
LALIT MOHAN /111-112
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