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2026 DAILYLAW 10356 (RAJ)

BASKAR ALIAS HASINA W/O ISAB @ YUSUF v. STATE OF RAJASTHAN

CRLMB/8825/2026 · 2026-07-15

Bipin Gupta

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:26929] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8825/2026 URN: CRLMB / 16162U / 2026 Baskar Alias Hasina W/o Isab @ Yusuf, Aged About 65 Years, R/o Village Nehada, Police Station Bichore District Nuh Mewat (Haryana) (At Present Confined In Sub Jail Deeg) ---Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Khan For Respondent(s) : Mr. Naresh Gupta, PP Mr. Antu Lal, SI, Police Station Kama, District Deeg HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 15/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 26.05.2026 passed by the learned Additional District & Sessions Judge Kama, District Deeg, in Criminal Misc. Case (CIS) No.731/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.630/2008, Police Station-Kama, District-Bharatpur for the offences under Sections 364-A, 386, 342, 420 & 406 of the Indian Penal Code, 1860. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 28.04.2026. He further submits that except for the offence under Section 364A of IPC, all the offences are triable by the Magistrate, challan in the case has already been filed, the conclusion of trial will take sufficiently long time. [2026:RJ-JP:26929] (2 of 3) [CRLMB-8825/2026] 3. Learned counsel for the petitioner further submits that the petitioner has never absconded. He also submits that the co- accused, namely, Akhtar, who was arrested and granted bail, vide judgment dated 28.07.2009 in S.B. Criminal Misc. II Bail Application No.5637/2009 has been acquitted. He further submits that another co-accused Usman was arrested and thereafter, granted bail by the Co-ordinate Bench of this Court vide order dated 13.10.2009 in S.B. Criminal Misc. Bail Application No.7673/2009. He also submits that subsequently, in the year 2023, another co-accused, Iqbal was arrested and was granted bail by the Co-ordinate Bench of this Court vide order dated 30.05.2023 in S.B. Criminal Misc. Bail Application No.5346/2023. He also submits that the case of the petitioner is on no lesser footing than that of the co-accused. Therefore, he prays that the petitioner may be enlarged on bail. 4. Learned Public Prosecutor vehemently opposes the present bail application. 5. Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record. 6. Without expressing any opinion on the merits of the case and upon a consideration of the fact that the petitioner is in custody since 28.04.2026; the challan has been filed; trial will take considerable time, further the fact that the FIR pertains to the year 2008, the petitioner was never arrested during the course of the investigation, and he has never absconded as submitted by learned counsel for the petitioner, other co-accused have already been enlarged on bail by the Co-ordinate Bench of this Court, [2026:RJ-JP:26929] (3 of 3) [CRLMB-8825/2026] including co-accused Iqbal, who was arrested as late as in the year 2023 and was also granted bail and the case of the petitioner is on no lesser footing than that of the co-accused persons, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely-Baskar Alias Hasina W/o Isab @ Yusuf arrested in connection with F.I.R. No.630/2008, Police Station-Kama, District-Bharatpur, 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: (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/99