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2025 DAILYLAW 14744 (RAJ)

ZAKIR HUSSAIN S/O MUSHTAQ ALI v. STATE OF RAJASTHAN

CRLMB/4874/2025 · 2025-07-24

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:27705] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4874/2025 Zakir Hussain S/o Mushtaq Ali, Aged About 27 Years, R/o Behind Meera School, Gotal, District Nagaur. (At Present Lodged In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6115/2025 Hamid Kathat S/o Mohan Kathat, Aged About 23 Years, R/o Sarkana, Andheri Devri, Police Station Beawar Sadar, District Beawar. (At Present Accused Petitioner Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam Mr. Jiya UR Rahman For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 24/07/2025 1. The petitioners have preferred these bail applications under Section 483 of BNSS in FIR No.136/2024 registered at Police Station-Pisangan, District-Ajmer for the offence under Sections 126(2) and 309(4) of BNS. 2. Since both the bail applications have arisen from common order, hence, they are being decided by this single order. 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. [2025:RJ-JP:27705] (2 of 2) [CRLMB-4874/2025] 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He further submits that the FIR has been registered against unknown persons. Though there is recovery of around rupees one lakh from the accused-petitioners but that has been made after six months of the incident. No identification parade was conducted. Petitioner- Zakir Hussain is behind the bars since 11.02.2025 and petitioner- Hamid Kathat is behind the bars since 19.12.2024. Charge-sheet has been filed. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody, hence the bail application of the petitioners may be allowed. 5. Learned Public Prosecutor has vehemently opposed the bail application. 6. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, but without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 7. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioners-Zakir Hussain S/o Mushtaq Ali and Hamid Kathat S/o Mohan Kathat shall be released on bail on their furnishing 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 court for their appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/63-64