SALIM HUSSAIN S/O ABDUL SATTAR v. STATE OF RAJASTHAN
CRLMB/14799/2024 · 2025-02-12
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33608 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33608 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6136] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14799/2024 Salim Hussain S/o Abdul Sattar, Aged About 40 Years, R/o Banashya Pada, Ward No. 19, P.s. Kaithun, District Kota Rural (Raj.). (Accused At Present Confined In Central Jail, Kota ). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 12/02/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 328/2024 registered at Police Station Kaithun, District Kota Rural for the offence(s) under Sections 126(2), 115(2) and 109(1) of BNS
Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that injured Shahnaz in her court statement has not corroborated the prosecution story and turned hostile. In her examination in chief she has clearly stated that the petitioner did not caused any injuries with the aid of knife. Similarly, other eye witness PW-2 Nisrat Bano has also turned hostile and not supported the prosecution story. The accused petitioner is in custody since 13.07.2024 and the trial of the case will take considerable time.
[2025:RJ-JP:6136] (2 of 2) [CRLMB-14799/2024] There is no criminal antecedents against the petitioner. There was dispute between petitioner and his wife and she has not supported the prosecution story, therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor opposes the bail application. Heard and perused the material available on record. It is alleged against the petitioner that he has caused injures with the aid of knife and other eye-witness PW-2 Nisrat Bano. Injured Shahnaz and Nisrat Bano have turned hostile and not supported the prosecution story. It is not desirable to comment anything upon on the trustworthiness of above witnesses. Considering the above facts, I deem it just and proper to enlarge the accused- petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Salim Hussain S/o Abdul Sattar, in connection with FIR No. 328/2024 registered at Police Station Kaithun, District Kota Rural shall be enlarged on bail provided he furnishes 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J ashu /109