Rajasthan High Court – Jaipur
Aarif @ Osama S/O Hafiz Yunus vs State Of Rajasthan (2025:Rj-Jp:11379) on 12 March, 2025
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2025:RJ-JP:11379]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous IInd Bail Application No. 2664/2025
Aarif @ Osama S/o Hafiz Yunus, Aged About 23 Years, R/o
Pagotan Thana, Naveerpur, District Bharuch, Gujarat, Presently
Residing On Rent At Tofiq Ka Makan Kela Bavri Andarkot, Thana
Dargah, District Ajmer. (At Present Confined In Central Jail,
Ajmer).
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Anirudh Tyagi with
Mr. Saurabh Vaishnav
For Respondent(s) : Mr. Vivek Choudhary, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
12/03/2025
The present second bail application has been filed under
Section 483 B.N.S.S. (previously 439 Cr.P.C.). The petitioner has
been arrested in connection with FIR No.0202/2023 registered at
Police Station Dargah, District Ajmer for the offence(s) under
Section(s) 379 and 401 IPC.
The prayer for bail has been renewed on the ground of long
incarceration. Learned counsel for the petitioner submits that he is
in custody since 26.10.2023 and out of total eight prosecution
witnesses only four witnesses have been examined so far. He,
therefore, prays for release of the petitioner on bail.
Per contra, learned Public Prosecutor opposed the prayer.
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The first bail application filed by the petitioner was dismissed
by this Court vide order dated 14.02.2024 after appreciating the
rival contentions of the learned counsels for the respective parties
especially, in view of his criminal antecedents which reflected
registration of nine criminal cases other than the instant case
under various provisions of IPC, Arms Act as well as the
Prevention of Children from Sexual Offences Act from the year
2019 till the year 2023 involving offences of similar nature.
Observing that misusing the liberty of bail granted to him on
earlier occasions, he indulges in similar offence/other offenes
again and again, in view of a coordinate Bench judgment of this
Court in the case of Vijay Kumar Meena versus State:2008
(4) RLW 3041, the first bail application was dismissed.
Although, this Court is conscious of the fact that the case is
triable by Magistrate and the petitioner is in custody since
26.10.2023 however, looking to the nature and gravity of
allegations against him and also to his criminal antecedents; but,
without expressing any opinion on the merits of the case, this
Court does not deem it just and proper to extend him the benefit
of bail especially, in view that remaining four prosecution
witnesses are police personnel.
Accordingly, this second bail application is dismissed.
However, looking to the period of petitioner’s incarceration,
the Superintendent of Police, District Ajmer is directed to ensure
presence of the remaining prosecution witnesses, who all are
police personnel, as and when summoned by the learned trial
Court for their deposition as the order-sheets of the learned trial
Court reveal that they are not turning up despite issuance of
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bailable warrant to secure their presence. The learned trial Court
is also requested to expedite completion of the prosecution
evidence.
The Registrar (Judl.) is directed to remit a copy of this order
in the office of Superintendent of Police, District Ajmer as also to
the jurisdictional trial Court for information and compliance.
(MAHENDAR KUMAR GOYAL),J
Manish/s-204
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