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2025 DAILYLAW 26245 (RAJ)

FAKRUDDIN @ FAKRU S/O SHRI JAMALUDDIN v. STATE OF RAJASTHAN

CRLMB/9731/2025 · 2025-08-12

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:33296] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9661/2025 Riyazudeen S/o Mehrajudeen, Aged About 23 Years, R/o Sara, Police Station Niwadi District Gaziyabad (Uttarpradesh) (At Present Confined In District Jail Sikar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9731/2025 Fakruddin @ Fakru S/o Shri Jamaluddin, Aged About 52 Years, R/o Sara, Police Station Nhiwadi, District Gaziabad (Ut- tarpradesh). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma Mr. Shamsul Aarefin For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 12/08/2025 1. These applications for bail filed under Section 483 of BNSS by the applicants-accused Riyazudeen S/o Mehrajudeen and Fakruddin @ Fakru S/o Shri Jamaluddin in FIR No. 175/2025 dated 25.03.2025 registered at P.S. Udhyog Nagar, District -Sikar, whereby the applicant-accused has charged under Section 305(a) of BNS. [2025:RJ-JP:33296] (2 of 3) [CRLMB-9661/2025] 2. Learned counsels for the applicant relying upon grounds raised in bail applications submits that the applicants are innocent and falsely implicated in the present case. He also submits that a report is registered against unnamed persons and there is no evidence to implicate these applicants for offence of house breaking and for burglary. He further submits that no recovery is effected from these applicants and they are in custody for quite long time. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He also submits that the investigation is complete and charge-sheet is filed and no purpose will be served by keeping the applicants-accused in custody. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for applicants and learned Public Prosecutor. Perused the material placed on record. 5. After registration of FIR against unnamed persons, the matter is investigated by police and during investigation, police has found that present applicants and others accused, members of a gang have entered in the house of complainant by concealing the identity and committed theft. The record submitted by police indicate that all persons of the gang are involved in the multiple cases. Three cases each were registered against Riyazudeen S/o Mehrajudeen and Fakruddin @ Fakru S/o Shri Jamaluddin and all three cases relating to the same nature of offence and registered at the same police station in the year 2025. Though, police has [2025:RJ-JP:33296] (3 of 3) [CRLMB-9661/2025] not filed a charge-sheet against these applicants but it is also apparent that investigation is pending against them. 6. Having considered the nature of offence and repeatation of same offence, is sufficient to refuse for the bail. Thus, the bail preferred by applicants Riyazudeen S/o Mehrajudeen and Fakruddin @ Fakru S/o Shri Jamaluddin are hereby dismissed. (ASHOK KUMAR JAIN),J MONU /153-154