Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 4306 (RAJ)

AKHTAR HUSSAIN @ BHAYYU S/O ABDUL KHALIK v. STATE OF RAJASTHAN

CRLMB/4821/2026 · 2026-04-08

Sangeeta Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:14585] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4821/2026 Akhtar Hussain @ Bhayyu S/o Abdul Khalik, Aged About 35 Years, R/o Near BB Jhohra Masjid, Patanpole, P.S. Makbara, Dist. Kota (Raj.) (At Present Confined In District Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Amit Dadhich 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. 54/26 registered at Police Station R.K. Puram District Kota for the offence(s) under Sections 310(4), 310(5) of BNS and Sections 3,4 and 25 of Arms Act. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel also contends that the petitioner is in custody since 09.02.2026. He further submits that co-accused Mohd. Aayan, Saddam Husen, Imran @ Parcchi, Salman @ Ganja and Soyab Khan have already been enlarged on bail by the trial Court itself vide orders dated 23.02.2026 and 17.02.2026 and co-accused Pawan has already been enlarged on bail by this Court vide order dated 13.03.2026 in S.B. Criminal Misc. Bail Application No.3877/2026 and [2026:RJ-JP:14585] (2 of 3) [CRLMB-4821/2026] conclusion of trial may take long time, so no fruitful purpose would be served by keeping the petitioner in custody and therefore, prays that the 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 petitioner hereinabove and submits that there are criminal antecedents against accused-petitioner Akhtar Hussain @ Bhayyu. 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 petitioner is in custody since 09.02.2026; o-accused Mohd. Aayan, Saddam Husen, Imran @ Parcchi, Salman @ Ganja and Soyab Khan have already been enlarged on bail by the trial Court itself vide orders dated 23.02.2026 and 17.02.2026 and co-accused Pawan has already been enlarged on bail by this Court vide order dated 13.03.2026 in S.B. Criminal Misc. Bail Application No.3877/2026 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 petitioner on bail. 5. Therefore, this bail application under Section 483 BNSS is accordingly, allowed and the accused-petitioner Akhtar Hussain @ Bhayyu 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. [2026:RJ-JP:14585] (3 of 3) [CRLMB-4821/2026] 6. It is made clear that the accused-petitioner shall not be involved 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. 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 HEENA/56