CRLMB/11048/2026 of HARUN S/O SHRI ISRAIL @ RAHMAN Vs STATE OF RAJASTHAN on 7 August 2026

1. The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 16.06.2026 passed by learned Additional District and Sessions Judge, Brijnagar, District Deeg in Criminal Misc. Case (CIS) No.319/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.630/2002, Police Station Deeg, District Deeg for the offences under Sections 307, 332, 353 of the IPC, 1860 and Section 3/25 Arms Act, 1959.

2. Learned counsel for the petitioner submits that the petitioner was initially granted bail by the learned Trial Court. He submits that, thereafter, for some time, the petitioner regularly appeared before the learned Trial Court during the course of the proceedings. It is further submitted that on 14.07.2006, due to circumstances beyond his control, the petitioner failed to appear

(2 of 3) [CRLMB-11048/2026] before the Court. Thereafter, neither the petitioner nor his counsel was aware of the subsequent proceedings in the case. During this period, the petitioner had gone outside to earn his livelihood.

3. Learned counsel submits that thereafter he was arrested on 14.07.2006. He submits that there are no criminal antecedents against the petitioner of having committed any offence in the past nor he has committed any offences subsequent to the present case. He submits that his absence was merely on account of the lack of the knowledge of the proceedings before the learned Trial Court. He submits that the petitioner is now ready and willing to appear before the Trial Court on every date of hearing and for that purpose any stringent conditions may be imposed on the petitioner. He therefore, prays that the petitioner may kindly be enlarged on bail.

4. Learned Public Prosecutor vehemently opposes the bail application.

5. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

6. Without expressing any opinion on the merits of the case and upon consideration of the submissions advanced, and particularly the fact that the petitioner had earlier been enlarged on bail and had appeared before the learned Trial Court for some time, but thereafter could not participate in the trial for the reasons stated by him, and further considering that the petitioner has no criminal antecedents and has not been involved in any other offence either prior to or subsequent to the present case, this Court is of the considered opinion that the present bail application deserves to be allowed, subject to the imposition of stringent conditions.

(3 of 3) [CRLMB-11048/2026]

7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely- Harun S/o Shri Israil @ Rahman arrested in connection with F.I.R. No.630/2002, Police Station Deeg, District Deeg, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions:

(i) The petitioner shall not leave country without the permission of the Court;

(ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

(iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and

(iv) In the event the petitioner is found involved in any other case of similar nature in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted herein.

(v) The accused-petitioner shall mark his presence before the concerned police station once in a month as fixed by the Investigating Officer and a register shall be maintained for the same by Investigating Officer.

(vi) In case of any change of residential address, the accused-petitioner shall immediately inform the Investigating Officer as well as the trial Court. (BIPIN GUPTA),J 71/KRATIKA