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2026 DAILYLAW 16076 (RAJ)

MUSTKEEM S/O RAFIQ v. THE STATE OF RAJASTHAN

CRLMB/1733/2026 · 2026-01-29

Pramil Kumar Mathur

body2026

Judgment text

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[2026:RJ-JP:4185] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1732/2026 Aminuddin Khan @ Aamin S/o Mainuddin, Aged About 50 Years, R/o Baagar Kuva Ke Pass, Ward No. 34, Police Thana Kotwali, Karauli, District Karauli (Raj.). (At Present Confined In District Jail Karauli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1733/2026 Mustkeem S/o Rafiq, Aged About 36 Years, R/o Near Nakkash Ki Devi Talaab, Hindauncity, Police Station Kotwali Hindauncity District Karauli. (Accused Confined In Sub Jail, Hindauncity) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anirudh Tyagi Mr. Sunil Tyagi Mr. Mohammed Rahil Kalam For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 29/01/2026 1. The petitioners have filed these bail applications under Section 483 of BNSS in FIR No.460/2025 registered at Police Station Hindaun, District Karauli for offence under Sections 13 of Rajasthan Public Gambling Ordinance, 1949 and under Section 112(2) of B.N.S., 2023. [2026:RJ-JP:4185] (2 of 3) [CRLMB-1732/2026] 2. Since both these bail applications arise out of common FIR, hence, they are being decided by this common order. 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in these cases. They further submit that petitioners were not present on the spot and the persons who were found on the spot namely Mayank, Rajesh, Prashant Sharma and Shoaib have already been enlarged on bail by this Court on 23.01.2026. The case of the present petitioners stands on better footing, therefore, bail applications of the petitioners may be allowed. The contention on behalf of petitioner Mustkeem is that his name does not find place in the FIR. Though there is criminal antecedent as against petitioner Aminuddin Khan @ Aamin of five cases in which he has been bailed out and against petitioner Mustkeem, there are four cases out of which in three cases, he has been acquitted and in one case he has been bailed out. The petitioners have been in custody since 27.12.2025 and 06.01.2026 respectively. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody. 5. Learned Public Prosecutor has 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 [2026:RJ-JP:4185] (3 of 3) [CRLMB-1732/2026] merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 7. Consequently, the bail applications under Section 483 B.N.S.S. are allowed and it is directed that the petitioners Aminuddin Khan @ Aamin S/o Mainuddin, and Mustkeem S/o Rafiq, 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 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/16-17