Mustakeem @ Balli S/O Asha @ Aas Mohammad Vs the State of… — Bail and Remand | Rajasthan HC (2025)

Mustakeem @ Balli S/O Asha @ Aas Mohammad Vs the State of… — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Petitioner Mustakeem @ Balli ordered released on bail upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, satisfactory to the learned trial court; stipulation to appear before the trial court on all subsequent hearing dates till conclusion of trial; further conditions: (i) presence before SHO, Police Station Shahpura (Jaipur Rural) every 15 days of each month till trial conclusion; (ii) SHO to maintain a register and immediately report any failure to mark presence to the trial court; (iii) petitioner not to repeat any such offence in future; (iv) any reported breach alone to be a reason for the learned Public Prosecutor to apply for cancellation of bail.

Issue for consideration

Whether petitioner Mustakeem @ Balli, booked in FIR No.13/2023 of Police Station Shahpura (Jaipur Rural) for offences under Sections 457, 380 and 511 of IPC and presently in custody, should be granted bail under Section 483 of BNSS.

Court's answer

On consideration of the rival submissions and material available on record, and in the light of the submissions of learned counsel for the petitioner, the Court inclined to grant the benefit of bail while expressly refraining from expressing any opinion on the merits or demerits of the case.

Ratio / Principle

The bail application filed under Section 483 B.N.S.S. is allowed.

Key takeaways

Petitioner Mustakeem @ Balli is directed to be released on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court, with the stipulation that he appear before that Court on all subsequent dates of hearing till conclusion of the trial.ratio¶20
Condition imposed: the petitioner shall mark his presence before the SHO, Police Station Shahpura (Jaipur Rural) District Jaipur Rural, once in every 15 days of each month till conclusion of the trial.ratio¶21

Detailed headnote1 paragraphs

Rajasthan HC (Jaipur Bench), Justice Pramil Kumar Mathur, order dated 19/11/2025: bail application under Section 483 of BNSS allowed for petitioner Mustakeem @ Balli (custody since 12.08.2025, admitted via production warrant; charge-sheet filed) in FIR No.13/2023, Police Station Shahpura (Jaipur Rural), for offences under Sections 457, 380 and 511 of IPC; decision expressly taken without expressing any opinion on merits/demerits of the case; release conditioned on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, attendance before the trial court on all hearing dates, and fortnightly presence before SHO, Police Station Shahpura (register to be kept and any lapse reported forthwith to trial court); a reported breach alone to serve as ground for the Public Prosecutor to seek cancellation of bail; co-accused Irfan earlier enlarged on bail by the Trial Court (counsel's submission).

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 12929/2025

Mustakeem @ Balli S/o Asha @ Aas Mohammad, R/o Ghaseda, Police Station Nuh Dar, District Nuh Mewat, Haryana (At Present Confined In District Jail, Jaipur)

----Petitioner

Versus

The State Of Rajasthan, Through Pp

	----Respondent
For Petitioner(s)	: Mr. Avtar Singh Rathore Ms. Seema Shekhar
For Respondent(s)	: Mr. Naresh Kumar Gupta,PP

HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

19/11/2025

The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.13/2023 registered at Police Station Shahpura (Jaipur Rural), District-Jaipur Rural for offences under Sections 457, 380 and 511 of IPC.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that the allegation against the present petitioner is for committing theft. Though there are ten cases pending against the petitioner but he has been acquitted in three of them and in the remaining cases he has been bailed out. Co-accused-Irfan has also been enlarged on bail by the Trial Court. The petitioner has been taken in custody pursuant to a production warrant and no recovery has

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been effected. Petitioner is behind the bars since 12.08.2025. Charge-sheet has been filed. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, hence, the bail application of the petitioner may be allowed.

Learned Public Prosecutor has vehemently opposed the bail application.

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.

Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner- Mustakeem @ Balli S/o Asha @ Aas Mohammad 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 with following further conditions:-

(i) that the petitioner shall mark his presence before the SHO, Police Station Shahpura (Jaipur Rural) District Jaipur Rural in every 15 days of each month till conclusion of trial.

(ii) The concerned SHO is directed to maintain a register for this purpose. In case, the petitioner fails

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to mark his presence in the concerned Police Station as directed above, the concerned SHO is directed to immediately report the matter to trial court in this regard.

(iii) that the petitioner shall not repeat any such offence in future.

(iv) If breach of any of the directions is reported or come to the notice of the trial court the same shall alone be a reason for learned Public Prosecutor to apply for cancellation of bail.

(PRAMIL KUMAR MATHUR),J

Arun/83