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2026 DAILYLAW 3575 (RAJ)

AKRAM HUSSAIN S/O MOHAMMAD HAKIM v. STATE OF RAJASTHAN

CRLMB/1737/2026 · 2026-03-28

Sameer Jain

body2026

Judgment text

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[2026:RJ-JP:13209] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1737/2026 Akram Hussain S/o Mohammad Hakim, Aged About 36 Years, R/o Ward No. 08, Nearby Imam Chowk Kethun, Police Station Kethun, District Kota (Raj.) (Accused Presently Confined In Sub Jail At Bhawani Mandi). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rajveer Singh Jhala For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. HON'BLE MR. JUSTICE SAMEER JAIN Order 28/03/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 17/2026 registered at Police Station Bhawani Mandi District Jhalawar for the offence(s) under Sections 127(7),308(6),318(4),319(2),204,61(2) of B.N.S. 2. Learned counsel for the accused-applicant relied upon the S.B. Criminal Misc. Second Bail Application No.677/2026: Akram Husain V. the State of Rajasthan, decided vide order dated 13.02.2026. It is submitted that in FIR No. 291/2025 which was registered with the same facts as that in the present FIR No.17/2026, bail has been granted to vide order dated 13.02.2026, therefore, repetitive FIR is abuse of law. It is further submitted that the co-accused has already been enlarged on bail and that conclusion of trial is likely to take a long time and [2026:RJ-JP:13209] (2 of 2) [CRLMB-1737/2026] no useful purpose would be served by keeping the applicant behind bars till disposal of the case. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. 4. Having heard the arguments advanced by the learned counsel for the parties and considering the fact that the instant matter is of a repetitive FIRs, which is per-se in violation of the constitutional safeguards; that co-accused has already been enlarged on bail by the co-ordinate Bench of this Court and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Akram Hussain S/o Mohammad Hakim, shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J SHIVAM-AMAN/62