Rajasthan High Court
CRLMB/11052/2026 of MOHAMMAD FAHEEM S/O ABDUL HAMEED @ CHHUTTAN Vs THE STATE OF RAJASTHAN on 31 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11052/2026 CNR: RJHC020657802026 | URN: CRLMB / 20436U / 2026 Mohammad Faheem S/o Abdul Hameed @ Chhuttan, Aged About 37 Years, R/o Village Dara, Police Station Kanwas, Kota, At Present Bhawani Mandi Road,
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11052/2026
CNR: RJHC020657802026 | URN: CRLMB / 20436U / 2026
Mohammad Faheem S/o Abdul Hameed @ Chhuttan, Aged About 37 Years, R/o Village Dara, Police Station Kanwas, Kota, At Present Bhawani Mandi Road, Suket, Police Station Suket, At Present Block A, Flat No 214, Bhadana Housing Society, Rangpur Road, Police Station Railway Colony, Kota City (At Present In Central Jail, Kota)
----Accused/Petitioner
Versus
The State Of Rajasthan, Through PP
----Respondent
For Accused-
Petitioner
:
Mr. Rajesh Kumar Sharma with
Ms. Kamini Pareek
For State
For Complainant
:
:
Mr. Amit Kumar Gupta, PP
Mr. Sukhveer Singh
HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
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Order
31/08/2026
1. The petitioner has filed this bail application under Section 483 of BNSS in FIR No.0076/2026 registered at Police Station Rly Colony, District Kota City for offence under Sections 318(4) and 316(2) of BNS-2023.
2. Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and perused the material available on record.
3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the allegation against the petitioner is that he induced the complainant to transfer a substantial amount of Rs. 41,48,000/-
(2 of 3) [CRLMB-11052/2026] for the purchase of a factory which belonged to another party. Despite obtaining a sum of Rs. 41,48,000/- from the complainant on different occasions over a period of one and a half years, the transaction could not be completed. Thereafter, the complainant came to know that the petitioner was not the owner of the factory and the entire transaction was purely bogus, whereby the petitioner cheated the complainant by inducing him to hand over the amount as mentioned above. He further submits that the present matter is purely civil in nature which is with respect to the purchase of the property. The police have misused their powers by unnecessarily giving a criminal color to the complaint. Co-accused Shahbaj Khan has been granted benefit of bail by this Court vide order dated 06.07.2026 Petitioner is behind the bars since 10.05.2026 and has two antecedents in which he is already on bail. Charge-sheet has already been filed. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody and on the ground of parity with co-accused, the bail application deserves to be allowed.
4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.
5. On consideration of the rival submissions and material available on record and in the light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.
6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner
(3 of 3) [CRLMB-11052/2026] Mohammad Faheem S/o Abdul Hameed @ Chhuttan, be released on bail provided he 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 he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J 65/Ritu