SADDAM HUSSAIN S/O ABDUL RASHID v. STATE OF RAJASTHAN
CRLMB/15974/2024 · 2025-02-21
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34955 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34955 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7891] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15974/2024 Saddam Hussain S/o Abdul Rashid, Aged About 29 Years, R/o Government School Ke Samne, Kttalla Mohalla, Village Bakani, Police Station Bakani District Jhalawar, At Present Nani Ke Makaan Me Kiraye Se, Nala Mohalla, Hari Bavdi, Tehsil Jhalrapatan, Police Station Kotwali, District Jhalawar (Raj.) (At Present Petitioner Is Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 21/02/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.279/2024 registered at Police Station Jawarharnagar (Kota City), District Kota City (Rajasthan) for the offences punishable under Sections 69 & 351(2) of BNS. Later on, police filed charge-sheet in this matter for the same offences.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that victim is a divorcee lady who is aged about 34 years and relationship between the petitioner and victim was consensual in nature which is evident from the FIR itself. Counsel submits that when petitioner refused to fulfill unreasonable demands of the victim,
[2025:RJ-JP:7891] (2 of 3) [CRLMB-15974/2024] present FIR was lodged against the petitioner alleging therein that victim was sexually exploited by the petitioner by giving her assurance of marriage. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 30.10.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public opposes the submissions made by counsel for the petitioner.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the material available on record in the form of charge-sheet; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner -Saddam Hussain S/o Abdul Rashid shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand 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.
[2025:RJ-JP:7891] (3 of 3) [CRLMB-15974/2024]
7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /452