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2026 DAILYLAW 10323 (RAJ)

MUNFED S/O SHRI ABDUL AZIZ v. STATE OF RAJASTHAN

CRLMB/9993/2026 · 2026-07-14

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:26441] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9993/2026 URN: CRLMB / 18545U / 2026 Munfed S/o Shri Abdul Aziz, Aged About 33 Years, R/o Sukhpuri, Police Station Nagina, District Nuh Mewat, Haryana. (Presently Confined In Central Jail, Ajmer). ---Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Tayyab Ali with Mr. Aman Ali For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. Mr. Dharmendra Singh, ASI, Police Station Bander Sindri, District Ajmer HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 14/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 30.05.2026 passed by the learned Additional Sessions Judge No.1, Kishangarh, Ajmer, in Criminal Misc. Case No.174/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.31/2026, Police Station-Bander Sindri, District-Ajmer for the offences under Sections 316(2) & 318(4), 316(3), 303(2), 61(2), 3(5) of BNS, 2023. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 06.05.2026. He further submits that the challan in the case has already been filed, offences are triable by Magistrate, the conclusion of trial will take sufficiently long time. [2026:RJ-JP:26441] (2 of 4) [CRLMB-9993/2026] He further submits that there is no criminal antecedents against the accused-petitioner of having committed any offence of similar nature or any other nature in past. 3. Learned counsel for the petitioner further submits that as per the FIR, the allegation of the complainant is that they had entrusted a truck carrying mobile phones to Saket, who was an employee/driver of the transport company to whom the truck had been entrusted. He further submits that it is alleged that the truck did not reach its destination. Thereafter, a search was conducted, during which the truck was found parked on a highway. It is further alleged that the truck was taken by the complainant company to its warehouse and upon examination, it was found that the mobile phones were missing. As per the FIR, it is also alleged that when the truck was found on the highway, its locking system had already been broken. 4. Learned counsel further submits that there is no explanation from the complainant as to why, without informing the police, they took the truck from the place where it was found to their warehouse. He submits that the alleged theft could also have taken place during that course. 5. Learned counsel for the petitioner further submits that the petitioner has been falsely implicated in the FIR merely on account of a transaction of Rs.50,000/- allegedly paid by him to the driver of a pickup vehicle. He also submits that the allegations disclose an offence of cheating and not theft, and that such an offence, if any, could only be attributed to Saket, as the mobile phones had been entrusted to him as the truck driver. Therefore, it is prayed that the petitioner may kindly be enlarged on bail. [2026:RJ-JP:26441] (3 of 4) [CRLMB-9993/2026] 6. Learned Additional Government Advocate vehemently opposes the present bail application. 7. Heard learned counsel for the petitioner as well as the learned Additional Government Advocate and perused the material available on record. 8. Without expressing any opinion on the merits of the case and upon a consideration of the fact that the petitioner is in custody since 06.05.2026; offences are triable by Magistrate; the challan has been filed; trial will take considerable time, there is no criminal antecedents against the accused-petitioner of having committed any offence of similar nature or any other nature in past, and further the fact the main allegation is that the truck carrying the mobile phones had been entrusted to Saket. It is also a matter of record that the FIR was lodged only after the truck was found on the Highway in an open condition and was thereafter taken to the complainant's warehouse without informing the police, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 9. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely-Munfed S/o Shri Abdul Aziz arrested in connection with F.I.R. No.31/2026, Police Station- Bander Sindri, District-Ajmer, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: [2026:RJ-JP:26441] (4 of 4) [CRLMB-9993/2026] (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (BIPIN GUPTA),J Sudha/55