Rajasthan High Court - Jodhpur
Ameen Khan vs State Of Rajasthan on 15 October, 2025
[2025:RJ-JD:44902]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9191/2025
1. Ameen Khan S/o Amar Khan, Aged About 37 Years,
Resident Of Chak Dholka, Police Station Barmer Rural,
District Barmer (Lodged In Dist. Jail Barmer)
2. Jaameen Khan Alis Jameen S/o Amar Khan, Aged About
35 Years, Resident Of Chak Dholka, Police Station Barmer
Rural, District Barmer
----Petitioners
Versus
State Of Rajasthan, Through P P
----Respondents
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Adv. With
Mr. Jagdish Singh
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR.JUSTICE BIPIN GUPTA
Judgment
Reserved on :: 13/10/2025
Pronounced on :: 15/10/02025
1. The present bail application has been filed under Section 483
of BNSS, 2023 against the impugned order passed by the learned
Additional District & Sessions Judge No.1, Barmer whereby the
bail application of the petitioners was rejected in connection with
F.I.R. No. 140/2024, Police Station Barmer Rural for the offences
under Section 103(1), 189(2), 61(2)(a), 191(2), 191(3), 140(1),
118(1) & 127(2) of BNS, 2023.
2. Learned senior counsel for the petitioners submits that the
petitioners have been falsely implicated in the present case. He
submits that other co-accused Kamal Khan and Meer Mohammad
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had been enlarged on bail on 29.07.2025 by a co-ordinate Bench
of this Court on the basis of the fact that co-accused Sidik Khan
against whom there was allegation of inflicting injury had been
granted bail on 07.07.2025 by a co-ordinate Bench of this Court.
He submits that the petitioners' case is on better footing than that
of Sidik Khan and on the equal footing to that of Kamal Khan and
Meer Mohammad who have already been enlarged on bail.
3. Learned counsel for the petitioner submits that the star
witness PW5 namely Laali has turned hostile. Gani Khan (PW-1)
and Shumar Khan (PW-2) have been examined before the trial
Court and they both have turned hostile. PW-3 Khameesha has
also not supported the prosecution case.
4. Learned counsel submits that the petitioners are in custody
since 08.08.2024 and have no criminal antecedents. The case of
the petitioners is not distinguishable from that of the co-accused
Kamal Khan and Meer Mohammad who have already been
enlarged on bail and therefore, the petitioners have sought parity
in treatment.
5. Learned Public Prosecutor vehemently opposed the bail
application; however, he was not in a position to refute the fact
that similarly situated co-accused Kamal Khan and Meer
Mohammad have already been enlarged on bail, and that accused
Sidik Khan against whom there was an allegation of inflicting
injury had also been granted bail on 07.07.2025. The fact that the
petitioners have been in custody since 08.08.2024 has also not
been disputed.
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6. Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
7. Without expressing any opinion on the merits of the case
and upon consideration of the arguments advanced, this Court is
of the opinion that the bail application filed by the petitioners
deserve to be accepted.
8. Consequently, the bail application is allowed. It is ordered
that the accused-petitioners - (1) Ameen Khan S/o Amar
Khan (2) Jaameen Khan Alis Jameen S/o Amar Khan
arrested in connection with F.I.R. No. 140/2024, Police Station
Barmer Rural shall be released on bail; provided they furnish a
personal bond of Rs.50,000/-(Rupees: Fifty Thousand Only) each
with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand
Only) each to the satisfaction of the learned trial court with the
stipulation to appear before that Court on all dates of hearing and
as and when called upon to do so till the completion of the trial
and with additional following conditions:
(i) The petitioners will not leave country without the permission
of the Court;
(ii) The petitioners shall not commit an offence similar to the
offence of which they are accused, or suspected, of the
commission of which he is suspected; and
(iii) The petitioners shall not directly or indirectly make any
inducement, threat or promise to any person acquinted 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.
(BIPIN GUPTA),J
praveen/-
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