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2025 DAILYLAW 38145 (RAJ)

SAKIR HUSSAIN S/O SULTAN KHAN v. STATE OF RAJASTHAN

CRLMB/14230/2025 · 2025-11-12

Pramil Kumar Mathur

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:45428] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14230/2025 Sakir Hussain S/o Sultan Khan, Aged About 28 Years, R/o Ratvaka, Police Station Malakheda, District Alwar (Rajasthan) (At Present Confined In District Jail, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14231/2025 Parasram S/o Hariram, Aged About 55 Years, R/o Iraniya Police Station Laxmangarh, District Alwar (Rajasthan) (At Present Confined In District Jail, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Ms. Manju Dave, PP Mr. Kapil Gupta HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 12/11/2025 1. The petitioners have filed these bail applications under Section 483 of BNSS in FIR No.137/2025 registered at Police Station Halena District Bharatpur for offence under Sections 316(3), 318(4), 338, 340(2) of BNS-2023. 2. Since both these bail applications arise out of common FIR, hence, they are being decided by this common order. [2025:RJ-JP:45428] (2 of 3) [CRLMB-14230/2025] 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and counsel for the complainant and perused the material available on record. 4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in these cases. He further submits that allegation against the petitioners is of using chip in the weighing machine and thereby committing cheating upon the complainant. He argued that the petitioners have not been named in the FIR, it is in-charge of the complainant Manufacturing Unit Anoop who is prime accused in the case. The offences are exclusively triable by Magistrate. He again submits that petitioners are behind the bars since 22.09.2025 without any criminal past and the trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody and the bail application of the petitioners may be allowed. 5. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. 6. On consideration of the rival submissions and material available on record and in the light of submission made by learned counsel for the petitioners but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 7. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioners Sakir Hussain S/o Sultan Khan and Parasram S/o Hariram, be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of [2025:RJ-JP:45428] (3 of 3) [CRLMB-14230/2025] Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that each of them shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J bmg /216-217