Rajasthan High Court – Jodhpur
Mobin vs State Of Rajasthan (2025:Rj-Jd:32042) on 22 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:32042]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4136/2025
Mobin S/o Shri Mohammad Farook, Aged About 31 Years, R/o
Tulsi Colony, Kabeer Nagar, P.s. Pratap Nagar, Jodhpur,
Rajasthan. (Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13341/2024
Farjaan S/o Shaukat Khan, Aged About 22 Years, R/o Sindhiyo
Ka Bass, Sivanchi Gate, Jodhpur. (Presently Lodged In Central
Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mudit Vaishnav
Mr. Shree Kant Verma
Mr. Bhartendu Panwar
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
Mr. Vinod Kumar Sharma for
complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/07/2025
The present 2nd bail applications have been filed under
Section 483 B.N.S.S. on behalf of the petitioners who are in
judicial custody in connection with F.I.R. No.79/2021 registered at
Police Station Khandafalsa, District Jodhpur for the offences
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[2025:RJ-JD:32042] (2 of 5) [CRLMB-4136/2025]
punishable under Sections 147, 148, 302/149, 364 & 120-B of
IPC.
Learned counsel for the petitioners submits that specific
allegation has been levelled against co-accused Amaan & Wasim
and not against the present petitioners. The allegation of inflicting
injuries to the deceases has been levelled against co-accused
Amaan & Wasim. Counsel submits that the deceased received total
six injuries out of which, five injuries are on the non-vital parts of
the body of deceased and one injury has been caused on 9 th, 10th
& 11th left rib of the deceased. Counsel further submits that the
petitioners are behind the bars for more than four years and trial
of the case is yet pending.
In support of his contentions, learned counsel placed reliance
on the judgment of Honb’le Supreme Court in the case of
Balwinder Singh Vs. State of Punjab & Anr. (Special Leave to
Appeal (Crl.) No.8523/2024) in which while granting bail it has
been observed as under:
” 9. The incident in the present case occurred on
25.06.2020 and the petitioner was arrested
soon thereafter on 26.06.2020. By now, 6 co-
accused have been granted bail. As the
prosecution wishes to examine 17 more
witnesses, the trial is unlikely to conclude on a
near date.
10. Considering the above and to avoid the
situation of the trial process itself being the
punishment particularly when there is
presumption of innocence under the Indian
jurisprudence, we deem it appropriate to grant
bail to the petitioner – Balwinder Singh. It is
ordered accordingly. Appropriate bail conditions
be imposed by the learned trial court.”
A coordinate Bench of this Court in the case of Umesh Vyas
vs. State of Rajasthan (S.B. Criminal Misc. II Bail Application
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[2025:RJ-JD:32042] (3 of 5) [CRLMB-4136/2025]
No.14958/2022), vide order dated 17.03.2023, also observed as
follows:
“The Hon’ble Supreme Court in the cases of Abdul
Majeed Lone Vs. Union Territory of Jammu and
Kashmir [Special Leave to Appeal (Crl.)
No.3961/2022], Amit Singh Moni Vs. State of
Himachal Pradesh (Criminal Appeal No.668/2020),
Tapan Das Vs. Union of India [Special Leave to
Appeal (Criminal) No.5617/2021], Kulwant Singh
Vs. State of Punjab [Special Leave to Appeal
(Criminal) No.5187/2019], Ghanshyam Sharma
Vs. State of Rajasthan [Special Leave to Appeal
(Criminal) No.5397/2019], Nadeem Vs. State of
UP [Special Leave to Appeal (Criminal)
No.1524/2022] and Mukesh Vs. The State of
Rajasthan [Special Leave to Appeal (Criminal)
No.4089/2021] has granted bail to the accused
persons, against whom the allegations are of
transporting or possessing narcotic contraband
above commercial quantity, on the ground of
custody period and taking into consideration the
fact that the trial against the said accused persons
will take time in completion. The Hon’ble Supreme
Court has ordered for release of the accused
persons who were in custody from two years to
four years. Learned Public Prosecutor has opposed
the bail application.
Having regard to the totality of the facts and
circumstances of the case, I deem it appropriate to
allow this fifth bail application solely on the ground
of custody period of the accused petitioner and
keeping in view the fact that the trial against him
has not been completed till date.
Accordingly, without expressing any opinion
on the merits of the case, this third bail
application filed under Section 439 Cr.P.C. is
allowed and it is directed that petitioner Umesh
Vyas S/o Shri Ganeshlal Ji shall be released on
bail in connection with FIR No.15/2019 of Police
Station Charbhuja, District Rajsamand provided
he executes a personal bond in a sum of
Rs.50,000/- with two sound and solvent sureties
of Rs.25,000/- each to the satisfaction of learned
trial court for his appearance before that court on
each and every date of hearing and whenever
called upon to do so till the completion of the
trial.”
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The petitioners are in judicial custody since 22.05.2021 and
the trial of the case will take sufficiently long time. With these
submissions, learned counsel for the petitioners prayed that the
benefit of bail may be granted to the accused-petitioners.
Learned Public Prosecutor as well as learned counsel for the
complainant have vehemently opposed the prayer of bail. Learned
counsel for the complainant submits that a specific allegation has
been levelled against the present petitioners and there are
criminal antecedents registered against them, therefore, the
benefit of bail may not be granted to the accused-petitioners.
I have considered the arguments advanced before me and
gone through the material available on record.
Having regard to the totality of the facts and circumstances
of the case, particularly looking to the fact that the petitioners are
behind the bars since 22.05.2021 and no specific allegation has
been levelled against them, therefore, without expressing any
opinion on the merits of the case, I deem it just and proper to
grant bail to the accused petitioners.
Accordingly, the second bail applications filed under Section
483 B.N.S.S. are allowed and it is directed that petitioners – (1)
Mobin S/o Shri Mohammad Farook & (2) Farjaan S/o Shaukat
Khan shall be released on bail in connection with F.I.R.
No.79/2021 registered at Police Station Khandafalsa, District
Jodhpur provided each of them executes a personal bond in a sum
of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of learned trial court for their appearance before that
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[2025:RJ-JD:32042] (5 of 5) [CRLMB-4136/2025]
court on each and every date of hearing and whenever called upon
to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
72-73-Rashi/-
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