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2025 DAILYLAW 41844 (RAJ)

SADDAM HUSAIN S/O ANVAR HUSAIN v. STATE OF RAJASTHAN

CRLMB/6791/2025 · 2025-10-09

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:41025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6791/2025 Saddam Husain S/o Anvar Husain, Aged About 24 Years, R/o Govindpura, P.S. Sadar, Neemkathana, District Sikar (Raj.) (At Present Confined In Sub Jail, Nimkathana (Raj.) ----Applicant Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9744/2025 Kuldeep @ K.D. @ Baba S/o Balbeer Singh, Aged About 24 Years, R/o Ward No. 9, Basai, District Jhunjhunu. (At Present Accused Petitioner Confined In Sub Jail Neem Ka Thana). ----Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Nachiketa Pareek, Adv. Mr. Vidhut Gupta, Adv. For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP with Mr. Rajendra Singh Shekhawat, PP Mr. Gaurav Gupta, AGA HON’BLE MR. JUSTICE SAMEER JAIN Order 09/10/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 98/2025 registered at Police Station Neemkathana, District Sikar for the offence(s) under Sections 189(2), 115(2), 126(2), 110 of BNS. 2. Learned counsel for the accused-applicants submit that the complainant was brutally beaten by the applicants in jail. It is submitted that on account of spur of moment and being instigated by the complainant, fight occurred. [2025:RJ-JP:41025] (2 of 2) [CRLMB-6791/2025] 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. It is submitted that there are strong criminal antecedents qua the applicants and they are in habit of physical assault. 4. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and material on record, this court is inclined to enlarge the applicants on bail in this matter. 5. Accordingly, these bail applications under Section 483 of BNSS are allowed and it is ordered that accused-applicants Saddam Husain S/o Anvar Husain and Kuldeep @ K.D. @ Baba S/o Balbeer Singh shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. 6. Furthermore, if the applicants are in custody for other matters, the jail authorities shall have discretion to take appropriate steps regarding reformative measures. The jail authorities are also at liberty to take suitable action in this regard. 7. If the applicants are liberated, the concerned SHO shall impose appropriate conditions to ensure the maintenance of peace. 8. If the applicants repeat an incident of a similar nature, their bail may be revoked upon an application moved by the appropriate police authorities or otherwise. (SAMEER JAIN),J CHANDAN /27-28