AFAK HUSAIN @ ASHIK HUSAIN S/O ABDUL KADDUS v. STATE OF RAJASTHAN
CRLMB/4147/2026 · 2026-04-08
Sangeeta Sharma
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 2040 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2040 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:14660] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4147/2026 Afak Husain @ Ashik Husain S/o Abdul Kaddus, Age 24 Years, R/o Iqbal Chowk Along The Chambal River Sakatpura Police Thana Kunhari District Kota City Rajasthan. (At Present Confined At Central Jail Kota) ----Accused-Petitioner Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order 08/04/2026
1. This bail application has been filed on behalf of the accused- petitioner under Section 483 of B.N.S.S. in connection with FIR No. 11/2026 registered at Police Station Kaithoon, District Kota Rural for the offence(s) under Section(s) 109(1), 3(5) of BNS.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case and he is behind the bars since long time. He further submits that the charge-sheet against the accused-petitioner has already been filed. He further submits that the main allegations have been attributed to the co-accused Sameer Ganja. He further submits that the complainant party has not sustained any injury and conclusion of trial will take its own time, so no fruitful purpose would be served by keeping the accused-petitioner in custody and
[2026:RJ-JP:14660] (2 of 3) [CRLMB-4147/2026] therefore, prays that the accused-petitioner may be granted the benefit of bail under Section 483 of BNSS. 3. Per contra, learned Public Prosecutor vehemently opposes the submissions made by learned counsel for the accused- petitioner hereinabove and submits that there are criminal antecedents against the accused-petitioner. 4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for the petitioner that the accused-petitioner is behind the bars since long time; charge-sheet against the accused-petitioner has already been filed; main allegations have been attributed to the co-accused Sameer Ganja and trial will take its own time. Hence, this Court without expressing any opinion on the merits/demerits of the case deems it just and proper to enlarge the accused-petitioner on bail. 5. Therefore, this bail application under Section 483 BNSS is accordingly, allowed and the accused-petitioner Afak Husain @ Ashik Husain S/o Abdul Kaddus is ordered to be released on bail, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court, with the stipulation that he shall appear before that Court and any court to which the matter is transferred on all subsequent dates of hearing and as and when called upon to do so. 6. It is made clear that the accused-petitioner shall not involve himself in any other offence(s) during currency of the bail and he shall mark his presence on 1st and 15th day of every month in the concerned police station. [2026:RJ-JP:14660] (3 of 3) [CRLMB-4147/2026]
7. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to to move the application against the accused-petitioner for cancellation of the bail before the concerned Court. 8.
The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 9. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J KAVISH /46