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.
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[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.
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[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/-
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