[2025:RJ-JP:39684] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12233/2025 Sakir Son Of Shri Chaw Kha, Aged About 39 Years, Resident Of Chhata Road, Nangla Dehar, Sahar, Mathura Uttar Pradesh (At Present Accused Are Confined In District Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Arafat Hussain For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Sakir Son Of Shri Chaw Kha seeking bail in respect of a criminal case registered as FIR No.96/2013 dated 10.02.2013 registered at P.S. Sadar Alwar, District - Alwar, for the offence under Sections 395 IPC. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:39684] (2 of 4) [CRLMB-12233/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that for dacoity of ₹1500/-, a charge-sheet has been filed against three persons and same was kept pending against petitioner and Yusuf. He also submitted that without any information, present petitioner was declared as absconder in year 2020 and thereafter pandemic struck the country. He further submitted that after knowledge of the case, present petitioner has surrendered before the trial court and he was sent to custody. He also submitted that main accused Khalil Ahmed was acquitted by learned Additional Sessions Judge No.4, Alwar on 21.03.2025. He also submitted that there is no evidence on record against the petitioner as there was no identification on record. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. She has also filed a report received from concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of report dated 10.02.2013 about dacoity in the morning of 10.02.2013, a criminal case under Section 392 IPC is registered. After investigation, police has filed charge- sheet against Mubarik, Khalil, Bhuru and kept pending against Sakir and Yusuf. The material indicated that Mubarik was released on bail on 19.02.2013, Bhuru on 11.05.2015 [2025:RJ-JP:39684] (3 of 4) [CRLMB-12233/2025] and Khalil on 28.02.2016. After full trial in sessions case No. 14/2024 Khalil was acquitted from charge under Section 395 IPC. Accused Mubarik and Yunus were absconding during trial. Initially police has kept investigation pending against Sakir and Yusuf but later filed supplementary charge-sheet under Section 299 Cr.P.C. The petitioner accused has surrendered on 18.08.2025 and since then he is in custody. There is no criminal antecedents against the petitioner. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Sakir Son Of Shri Chaw Kha, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:39684] (4 of 4) [CRLMB-12233/2025] (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /165