Rajasthan High Court – Jaipur
Kalu Mohammad@ Kalu Kha S/O Shree Fattu … vs State Of Rajasthan (2024:Rj-Jp:52358) on 20 December, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:52358]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13437/2024
Kalu Mohammad@ Kalu Kha S/o Shree Fattu Kha, Aged About 48
Years, R/o Babaicha, P.s. Gegal District Ajmer. (At Present In
Judicial Custody In Central Jail Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Sharma
For Respondent(s) : Mr. Rajender Singh Shekhawat, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
20/12/2024
1. The instant bail application has been filed under Section 483
of BNSS., on behalf of the petitioner, who has been arrested in
connection with FIR No.355/2023 registered at Police Station
Gandhi Nagar, District Ajmer (Raj.) for the offence punishable
under Sections 420, 406 & 120-B of IPC.
2. It is contended by learned counsel for the petitioner that the
accused-petitioner has falsely been implicated in this case.
Learned counsel submits that alleged offences are triable by
Magistrate. Petitioner is in custody since 13.05.2024. Charge-
sheet has been filed in this matter and trial of the case will take
considerable time. Further custody of the petitioner would not
serve any fruitful purpose.
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3. Learned Public Prosecutor opposes the bail application. He
submits that petitioner is a habitual offender as nine other cases
have been registered against him.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances
of the case; considering the arguments advanced by learned
counsel for the petitioner, especially the fact that alleged offences
are triable by Magistrate; charge-sheet has been filed as well as
looking to the custody period, but without commenting anything
on the merits/demerits of the case, I deem it proper to allow the
bail application. The observations 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.
6. This bail application is accordingly allowed and it is directed
that accused-petitioner – Kalu Mohammad@ Kalu Kha S/o
Shree Fattu Kha, shall be released on bail provided he 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 he 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.
7. It is made clear that the accused-petitioner shall not involve
in any other offence(s) during currency of the bail and he shall
mark his presence on first week of every month in the concerned
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police station.
8. Concerned SHO is directed to maintain a register recording
the attendance of the petitioner. In case the petitioner fails to
mark his presence in the concerned police station, the concerned
SHO is directed to immediately report the matter to the concerned
Court in this regard.
9. If any breach of these conditions is reported or come to the
notice of the Court, the same shall alone be a reason for the trial
court to cancel the bail granted to him by this Court.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /119
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