[2025:RJ-JD:18975]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4514/2025

1. Safi Mohammad Khan S/o Mahammad, Aged About 58 Years, R/o Undu, P.s Barmer Village, Dist. Barmer (Presently Lodged In Jail Jaisalmer)

2. Sali Mohammad S/o Laadu Khan, Aged About 34 Years, Bhakda, Police Station Shiv, District Barmer (Presently Lodged In Jail Jaisalmer)

3. Jiraj Khan S/o Mandhal Khan, Aged About 72 Years, R/o Bariyada, Police Station Shiv, District Barmer (Presently Lodged In Jail Jaisalmer)

4. Nawab Khan S/o Joge Khan, Aged About 64 Years, Krishi Mandi, Mohangarh, Police Station Mohangarh, District Jaisalmer (Presently Lodged In Jail Jaisalmer)

----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Chandrasen Rathore For Respondent(s) : Mr. Urja Ram, PP with Mr. Pawan Singh Bhati HON'BLE DR. JUSTICE NUPUR BHATI

Order

17/04/2025

1. Heard and perused the material available on record.

2. The instant bail application has been filed by petitioners under Section 483 B.N.S.S. in connection with FIR No.03/34/2025 registered at Police Station Mohangarh, District Jaisalmer for the offences under Section 9/51 Wildlife Protection Act, 1972 and Sections 3, 25, 27, 29 of Arms Act.

3. Learned counsel for the petitioners submits that the allegation against the petitioners of hunting chinkara is absolutely false as the main accused persons in the case are Akbar Khan, Rahim Khan and Bachal Khan. He further submits that the petitioners’ agriculture fields were near to the site of incident and the petitioners have been falsely implicated in this case. Learned counsel for the petitioners submits that the petitioners are in judicial custody in connection with the above offences, which are exclusively triable by Magistrate, thus, the petitioners deserve to be enlarged on bail.

4. Per contra, learned Public Prosecutor opposes the bail application.

5. Considering the arguments advanced by the learned counsel for the petitioner and the learned Public Prosecutor, the case is exclusively triable by the court of Magistrate and no useful purpose would be served by keeping the present petitioners behind the bars for further period till disposal of the case and also looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioners on bail.

6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioners- Safi Mohammad Khan S/o Mohammad, Sali Mohammad S/o Laadu Khan, Jiraj Khan S/o Mandhal Khan and Nawab Khan S/o Joge Khan, arrested in relation to FIR No.03/34/2025 registered at Police Station Mohangarh, District Jaisalmer, shall be enlarged on bail provided they furnish a personal bond in sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.

(DR.NUPUR BHATI),J surabhii/253-