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2025 DAILYLAW 12704 (RAJ)

SHAMSHAD HUSSAIN S/O MINHAJUDDIN v. STATE OF RAJASTHAN

CRLMB/4072/2025 · 2025-03-26

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:13653] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.4072/2025 1. Shamshad Hussain S/o Minhajuddin, Aged About 62 Years, 2. Smt. Nasreen W/o Shamshad Hussain, Aged About 60 Years, Both are R/o Main Road, Near Masjid, Govind Nagar, P.S. Udhyog Nagar, Kota (Rajasthan) (Accused-petitioners are presently Confined In Central Jail, Kota). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nasir Ali Naqvi, Adv. Mr. Syed Adeel Naqvi, Adv. Mr. Hakim Ali, Adv. For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 26/03/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioner has been arrested in connection with FIR No.467/2023, registered at Police Station Udhyog Nagar (Kota City), District Kota City, for the offence(s) under Sections 418, 467, 468, 406 and 120-B of IPC. 2. Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated in this case. It is contended that the accused-petitioners are in custody since 10.03.2025 and the matter is exclusively triable by Magistrate. [2025:RJ-JP:13653] (2 of 3) [CRLMB-4072/2025] The alleged patta issued in the name of the present petitioners stands cancelled by the UIT, there are no criminal antecedents against the accused-petitioners, and the trial of the case may take considerable time, therefore, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the main allegation of forging the patta and claiming their right on the disputed land on the basis of forged patta are against the present accused- petitioners. The land in dispute was in possession of the complainant and UIT after making an inquiry as to the genuineness of the said patta has cancelled the patta issued in favour of the accused-petitioner. Therefore, considering the allegations levelled against the accused-petitioners, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case, there are no criminal antecedents against the accused- petitioners, the patta has already been cancelled by the concerned UIT and the accused-petitioners are in custody since 10.03.2025, the matter is exclusively triable by Magistrate and petitioner No.2 is a lady and further investigation/trial of the case may take considerable time, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioners- namely 1. Shamshad Hussain S/o Minhajuddin and 2. Smt. Nasreen W/o Shamshad Hussain, in connection with FIR [2025:RJ-JP:13653] (3 of 3) [CRLMB-4072/2025] No.467/2023, registered at Police Station Udhyog Nagar (Kota City), District Kota City, shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-223