The State Of Rajasthan, Through Pp v. Connected

Sajid Shah S/o Shri Sadiq Shah, R/o Infront Of Government School, Kishanpura, Fakirakheda Ajmer ( At Present Confined In Central Jail Ajmer) State Of Rajasthan, Through Its P.p. Versus ----Petitioner ----Respondent For Petitioner(s) : Mr. S.S. Hasan, Senior Advocate with For Respondent(s) Mr. Aquif Khan Mr. Aayush Agarwal : Ms. Nikita Bhandari Mr. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 24/09/2025 Order

1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Saheed Shah S/o Altaf Shah, Moin Shah S/o Altaf Shah and Sajid Shah S/o [2025:RJ-JP:39549] (2 of 5) [CRLMB-6903/2025] Shri Sadiq Shah seeking bail in respect of a criminal case registered as FIR No.84/2025 dated 07.03.2025 registered at P.S. Ramganj, District – Ajmer, for the offence under Sections 109(1), 115(2), 126(2), 189(2) of BNS.

2. Learned Senior Advocate and counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. They further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. They also submit that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned Senior Advocate appearing on behalf of Sajid Shah and learned counsel appearing on behalf of Saheed Shah and Moin Shah submits that after registration of report the police has investigated the matter and during investigation recorded statement of injured Sameer under Section 180 of BNSS. Learned Senior Advocate further submitted that the statement of Sameer clearly indicate that he has made general allegation against several persons but has not attributed any specific injury to anyone. He further referred injury report of Sameer and submitted that except injury no.1 all are simple in nature and injury no.1 is caused by blunt object. He further submitted that injury no.1 is Hematoma and same is not assigned to any of the petitioner. He also referred injury report and X-ray report of Rizwan and submitted that injury no.1 which is fracture on ulna on right [2025:RJ-JP:39549] (3 of 5) [CRLMB-6903/2025] forearm was found as grievous which is a non-vital part. He further referred statement of witnesses and submitted that there was a previous animosity between the parties as daughter of one of petitioner has lodged a report about sexual assault against Sahil on previous occasion and due to animosity the petitioners were arrayed as an accused. Learned Senior Advocate and learned counsel further submitted that the charge-sheet has been filed and there is no criminal antecedent against petitioners accused.

4. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature.

5. Learned counsel for complainant has opposed the bail application and submitted that injury no.1 upon injured Sameer is not only found grievous but also opined as dangerous to life. She further referred the injuries upon both the injured Sameer and Rizwan and submitted that they were brutally beaten by these petitioners.

6. Heard learned Senior Advocate and learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.

7. On the basis of report lodged by Abdul Aziz about assault in the night of 06.03.2025 upon Sameer and Rizwan the matter is registered and investigated. After investigation police has filed a charge-sheet against Sajid Shah, Shahid Shah, Moin Shah and Shahjad Shah but kept pending against Arif Ali, Afzal and Rihan under Section 193(9) of BNSS. The injury report of Sameer suggests that except injury no.1 all injuries [2025:RJ-JP:39549] (4 of 5) [CRLMB-6903/2025] are simple blunt and injury no.1 is not only grievous but also dangerous to life and caused by blunt object. The injury report of Rizwan suggests that except injury no.1 all injuries are simple in nature and injury no.1 is fracture on ulna bone. The animosity is alleged in the statement of injured as the case of sexual assault is registered by daughter of Arif against Sahil. There is no criminal antecedents against the petitioners and the charge-sheet has already been filed.

8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused.

9. Thus, the instant bail applications filed on behalf of applicants-accused Saheed Shah S/o Altaf Shah, Moin Shah S/o Altaf Shah and Sajid Shah S/o Shri Sadiq Shah, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. [2025:RJ-JP:39549] (5 of 5) [CRLMB-6903/2025] (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled.

10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. CHETNA BEHRANI /96-97 (ASHOK KUMAR JAIN),J