Dismissed¶¶30

Riyazudeen S/O Mehrajudeen v. State of Rajasthan

Rajasthan HC12 Aug 2025CRLMB/9661/2025

Case brief

AI extract

What is this about?

Bail refused/dismissed; Rajasthan High Court, Jaipur Bench; S.B. Criminal Miscellaneous Bail Application No. 9661/2025, connected with No. 9731/2025; Riyazudeen S/o Mehrajudeen; Fakruddin @ Fakru S/o Shri Jamaluddin; FIR No. 175/2025 dated 25.03.2025; P.S. Udhyog Nagar, District Sikar; Section 305(a) of BNS; Section 483 of BNSS bail application; house breaking/burglary/theft by gang concealing identity; repetition of same offence (three cases each, same police station, 2025); charge-sheet not filed; investigation pending; Ashok Kumar Jain, J.; order dated 12/08/2025.

What did the court decide?

Having considered the nature of the offence and the repetition of the same offence, the court held it sufficient to refuse bail, and the bail applications of both applicants were dismissed. ¶¶30

Riyazudeen S/O Mehrajudeen Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶¶30

Issue for consideration

Whether regular bail under Section 483 of BNSS should be granted to the applicants-accused Riyazudeen S/o Mehrajudeen and Fakruddin @ Fakru S/o Shri Jamaluddin, charged under Section 305(a) of BNS in FIR No. 175/2025.

¶¶19

Ratio / Principle

Having considered the nature of the offence and the repetition of the same offence, the court held it sufficient to refuse bail, and the bail applications of both applicants were dismissed.

¶¶30

Key takeaways

During investigation, police found that the present applicants along with other accused, members of a gang, entered the complainant's house concealing their identity and committed theft; three cases each, of the same nature of offence, were registered against each applicant at the same police station in the year 2025.ratio¶¶25

Detailed headnote1 paragraphs

Bail applications under Section 483 of BNSS by Riyazudeen S/o Mehrajudeen (S.B. Criminal Miscellaneous Bail Application No. 9661/2025) and Fakruddin @ Fakru S/o Shri Jamaluddin (connected application No. 9731/2025), applicants-accused charged under Section 305(a) of BNS in FIR No. 175/2025 dated 25.03.2025 registered at P.S. Udhyog Nagar, District Sikar, were dismissed by the High Court of Judicature for Rajasthan, Bench at Jaipur (Ashok Kumar Jain, J.) on 12/08/2025. Counsel for the applicants argued innocence, false implication, absence of recovery, completion of investigation and non-necessity of custody; the Public Prosecutor opposed. The court recorded that during investigation police found the applicants, with other accused members of a gang, entered the complainant's house concealing identity and committed theft; three cases each, of the same nature of offence, stood registered against each applicant at the same police station in 2025. Although no charge-sheet had been filed against the applicants and investigation was pending, the court held the nature of the offence and repetition of the same offence sufficient to refuse bail.

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[2025:RJ-JP:33296]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9661/2025

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Riyazudeen S/o Mehrajudeen, Aged About 23 Years, R/o Sara, Police Station Niwadi District Gaziyabad (Uttarpradesh) (At Present Confined In District Jail Sikar).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 9731/2025 Fakruddin @ Fakru S/o Shri Jamaluddin, Aged About 52 Years, R/o Sara, Police Station Nhiwadi, District Gaziabad (Uttarpradesh).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Vinod Kumar Sharma
	Mr.	Shamsul Aarefin
For Respondent(s)	: Mr.	Devi Singh,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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12/08/2025

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These applications for bail filed under Section 483 of BNSS by the applicants-accused Riyazudeen S/o Mehrajudeen and Fakruddin @ Fakru S/o Shri Jamaluddin in FIR No. 175/2025 dated 25.03.2025 registered at P.S. Udhyog Nagar, District -Sikar, whereby the applicant-accused has charged under Section 305(a) of BNS.

[2025:RJ-JP:33296]

[CRLMB-9661/2025]

(2 of 3)

Learned counsels for the applicant relying upon grounds raised in bail applications submits that the applicants are innocent and falsely implicated in the present case. He also submits that a report is registered against unnamed persons and there is no evidence to implicate these applicants for offence of house breaking and for burglary. He further submits that no recovery is effected from these applicants and they are in custody for quite long time. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He also submits that the investigation is complete and charge-sheet is filed and no purpose will be served by keeping the applicants-accused in custody.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for applicants and learned Public Prosecutor. Perused the material placed on record. 5. After registration of FIR against unnamed persons, the matter is investigated by police and during investigation, police has found that present applicants and others accused, members of a gang have entered in the house of complainant by concealing the identity and committed theft. The record submitted by police indicate that all persons of the gang are involved in the multiple cases. Three cases each were registered against Riyazudeen S/o Mehrajudeen and Fakruddin @ Fakru S/o Shri Jamaluddin and all three cases relating to the same nature of offence and registered at the same police station in the year 2025. Though, police has

[2025:RJ-JP:33296]

[CRLMB-9661/2025]

(3 of 3)

not filed a charge-sheet against these applicants but it is also apparent that investigation is pending against them.

¶30

Having considered the nature of offence and repeatation of same offence, is sufficient to refuse for the bail. Thus, the bail preferred by applicants Riyazudeen S/o Mehrajudeen and Fakruddin @ Fakru S/o Shri Jamaluddin are hereby dismissed.

¶31

( ASHOK KUMAR JAIN ),J

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MONU /153-154

Riyazudeen S/O Mehrajudeen v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Riyazudeen S/O Mehrajudeen v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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