CRLMB/11645/2026 of AAFAK HUSSAIN @ AASHIK HUSAIN S/O ABDUL KUDDUS Vs STATE OF RAJASTHAN on 8 September 2026

Order

08/09/2026

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1. The petitioners have preferred this bail application under Section 483 of BNSS in FIR No.46/2026 registered at Police Station Kotwali Baran, District Baran for offences under Sections 109(1), 189(2) of BNS, 2023 and Sections 3, 25 of Arms Act, 1959.

2. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioners contends that the petitioners have falsely been implicated in this case. He submits that in the present matter, the statement of the complainant- Abrar Ahmed (PW-1) has already been recorded before the learned Trial Court, wherein no incriminating material has been brought against the present petitioner. In his cross-examination, he has specifically stated that he does not know the accused persons whose names have been mentioned in the FIR and their names were mentioned only on the basis of suspicion. However, he thereafter stated in his cross-examination that all the named accused persons were not involved in the alleged offence. Petitioners are behind the bars since 25.01.2026 though seven cases against petitioner No.1, twelve cases against petitioner No.2, twelve cases against petitioner No.3, two cases against petitioner No.4 and nine cases against petitioner No.5 have been reported, however, in all the petitioners are already on bail. Charge-sheet has already been filed. The statement of material witness including complainant have already been recorded. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody, consequently, the bail application deserves to be allowed.

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4. Learned Public Prosecutor has vehemently opposed the bail application.

5. On consideration of the rival submissions and material available on record and in light of submissions made by learned counsel for the petitioners but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners.

6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioners Aafak Hussain @ Aashik Husain S/o Abdul Kuddus, Prince Tiwari @ Tiwari Bachcha S/o Vikram Tiwari @ Vikramaditya Tiwari, Shebi Khan @ Aman Babar S/o Makdoom, Vicky @ Raja S/o Manjoor Ali, Shahanwaj Ansari @ Sobu S/o Salim Ahmed, be released on bail provided each of them furnish 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 they shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Chandan/81