Siyakat S/O Nijardeen vs State Of Rajasthan (2026:Rj-Jp:10748) on 13 March, 2026

    0
    39
    ADVERTISEMENT

    Rajasthan High Court – Jaipur

    Siyakat S/O Nijardeen vs State Of Rajasthan (2026:Rj-Jp:10748) on 13 March, 2026

    [2026:RJ-JP:10748]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
     S.B. Criminal Miscellaneous Third Bail Application No. 1890/2026
    Siyakat S/o Nijardeen, R/o Kota Khurd, Police Station Ramgarh,
    District Alwar, Rajasthan. (Presently Confined At Central Jail,
    Alwar).
                                                                       ----Petitioner
                                        Versus
    State Of Rajasthan, Through PP
                                                                     ----Respondent
    For Petitioner(s)         :     Mr. Kapil Gupta
    For Respondent(s)         :     Mr. M.S. Shekhawat, PP
                                    Mr. Amit Kumar Gupta, Additional G.A
    
    
               HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
                               Order
    
    13/03/2026
    

    1. This third bail application under Section 483 of BNSS has

    been filed on behalf of the petitioner, who has been arrested in

    SPONSORED

    connection with FIR No.643/2023 registered at Police Station

    Ramgarh (Alwar), District Alwar for offences punishable under

    Sections 147, 148, 149, 307, 302, 341, 323, 506, 452, 504, 427 &

    395 of the Indian Penal Code, (in short ‘IPC‘) 1860 and Section

    3/25 of the Arms Act, 1959 (Amendment 2019). After completion

    of investigation, police filed charge-sheet in this matter for offences

    punishable under Sections 147, 148, 149, 307, 302, 341, 323, 506,

    504, 449 & 325 of the IPC and Sections 3/25 & 5/27 of the Arms

    Act, 1959 (Amendment 2019).

    2. Learned counsel for the petitioner submits that the first bail

    application filed on behalf of the petitioner was dismissed as

    withdrawn by this Court vide order dated 03.12.2024 while giving

    liberty to renew the prayer for bail in changed circumstances.

    Thereafter, second bail application was filed on behalf of the

    (Uploaded on 04/04/2026 at 05:15:49 PM)
    (Downloaded on 10/04/2026 at 09:52:37 PM)
    [2026:RJ-JP:10748] (2 of 4) [CRLMB-1890/2026]

    petitioner however, same was also dismissed as withdrawn by this

    Court vide order dated 30.06.2025 while giving liberty to renew the

    prayer for bail after recording testimony of all the injured

    witnesses. Counsel submits that, as of December 2025, only 12 out

    of 55 cited prosecution witnesses have been examined. He submits

    that the petitioner is behind the bars since 05.01.2024 and as such,

    he has already suffered incarceration of more than two years and

    two months. Thus, this third bail application has been filed on his

    behalf.

    3. It is contended by learned counsel for the petitioner that the

    petitioner has falsely been implicated in this case. It is submitted

    that no specific allegation has been levelled against the petitioner

    of causing firearm injury on the person of the deceased and same

    has been attributed to the co-accused persons. He submits that

    though witness namely, Shermal has alleged in his examination-in

    chief that Javed, Sube Khan, Liyakat and Sikayat had opened fire at

    the deceased, he categorically admitted during cross-examination

    that he had not mentioned this fact in the Panchayatnama. Counsel

    submits that the omission of such a material allegation in the

    Panchayatnama casts serious doubt on the credibility of the witness

    and renders his testimony unreliable. It is submitted that no

    firearm has been recovered from the possession of the petitioner.

    Further, similarly situated co-accused person namely, Sahil Khan

    S/o Jamrudeen has been granted facility of bail by Hon’ble

    Supreme Court. Counsel submits that there is minimal likelihood of

    the culmination of the trial in the near future and no fruitful

    purpose will be served by keeping the petitioner behind the bars.

    (Uploaded on 04/04/2026 at 05:15:49 PM)
    (Downloaded on 10/04/2026 at 09:52:37 PM)
    [2026:RJ-JP:10748] (3 of 4) [CRLMB-1890/2026]

    4. Learned Public Prosecutor vehemently opposes the

    submissions advanced on behalf of the petitioner. It is submitted

    that apart from death of one person, 16 other persons sustained

    firearm injuries which shows that there was indiscriminate firing

    and it is well established from the testimony of the witnesses that

    petitioner was present at the place of incident and he actively

    participated in the commission of the crime. It is submitted that

    number of assailants were involved in the incident therefore, it is

    not possible for the witnesses to describe specific role of each and

    every assailant in their testimony. Further, apart from this case

    another case was registered against the petitioner wherein vide

    judgment dated 18.08.2017, he was convicted for offences

    punishable under Sections 323, 341, 336 and 427 of IPC.

    5. I have considered the contentions.

    6. Having regard to the totality of the facts and circumstances of

    the case and considering the arguments advanced by learned

    counsel for the parties, especially considering the material available

    on record in the form of charge-sheet, as also considering the fact

    that no firearm has been recovered from the possession of the

    petitioner, so also the fact that similarly situated co-accused person

    has been granted facility of bail by Hon’ble Supreme Court and

    there is minimal likelihood of the culmination of the trial in the near

    future as well as looking to the fact that the petitioner is behind the

    bars since 05.01.2024, but without commenting anything on the

    merits/demerits of the case, I deem it fit and proper to allow this

    third bail application.

    7. This third bail application is accordingly allowed and it is

    (Uploaded on 04/04/2026 at 05:15:49 PM)
    (Downloaded on 10/04/2026 at 09:52:37 PM)
    [2026:RJ-JP:10748] (4 of 4) [CRLMB-1890/2026]

    directed that accused-petitioner Siyakat S/o Nijardeen shall be

    released on bail provided he furnishes a personal bond in the sum

    of Rs.2,00,000/- (Rupees Two Lakh only) together with two

    sureties in the sum of Rs.1,00,000/- (Rupees One Lakh only) each

    to the satisfaction of the learned trial Court with the stipulation that

    he shall appear before that Court and any Court to which the

    matter is transferred, on all subsequent dates of hearing and as

    and when called upon to do so.

    8. It is made clear that the accused-petitioner shall not involve

    in any other offence(s) during currency of the bail and he shall

    mark his presence in first week of every month in the concerned

    police station, till conclusion of the trial.

    9. Concerned SHO shall enter attendance of the petitioner in the

    Roznamcha. In case the petitioner fails to mark his presence in the

    concerned police station, the concerned SHO is directed to

    immediately report the matter to the concerned Court in this

    regard.

    10. If any breach of these conditions is reported or come to the

    notice of the Court, the same shall alone be a reason for the trial

    Court to cancel the bail granted to the petitioner by this Court.

    11. Office is directed to send a copy of this order to the concerned

    SHO for necessary compliance.

    12. The observations made hereinabove are only for decision of

    the bail application and would not have any impact on the trial of

    the case in any manner.

    (ANIL KUMAR UPMAN),J

    Manoj Solanki/7

    (Uploaded on 04/04/2026 at 05:15:49 PM)
    (Downloaded on 10/04/2026 at 09:52:37 PM)

    Powered by TCPDF (www.tcpdf.org)



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here