Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48173] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13875/2025 Sabir Khan S/o Hamida, Aged About 40 Years, R/o Chandar Ka Baas Village Chodavata Police Station Kishangarhbas District Khairthal-Tijara. At Present In Sub Jail, Kishangarhbas. ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP Mr. Gurvindra Singh HON'BLE MR. JUSTICE SAMEER JAIN
Order 27/11/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 367/2025 registered at Police Station Kishangarhbas District Khairthal-Tijara for the offence(s) under Sections 115(2), 126(2) of BNS, 2023.
2.
Learned counsel for the accused-applicant has submitted that the applicant is sole bread earner of the family, aged about 40 years. It is further submitted that fight between families of the parties has occurred on account of some dispute between the children of the applicant and the victims. It is also submitted that the co-accused, namely Juber Khan, who is attributed the injuries of grave and life threatening nature upon the victim, has already been enlarged on bail. Moreover, it is submitted that there are no
[2025:RJ-JP:48173] (2 of 3) [CRLMB-13875/2025] criminal antecedents against the applicant and that the charge- sheet has been filed in the matter and trial will take long time to conclude. It is further submitted that the applicant and his wife, Asgari, both are in custody. 3. Per contra, learned Public Prosecutor and counsel for the complainant have strongly objected to the instant application and have submitted that the co-accused has been released on bail, merely on account of being juvenile and the same cannot be a reason to maintain parity with the present case. It is further submitted that under guardianship of the applicant, by entering into the house, victims were severely injured by entire family of the applicant. It is also submitted that the victims have sustained severe injuries of grave and heinous nature, with the intention of causing death. Moreover, it is submitted that the victims were admitted in the hospital for the period of approximately five days, starting from 29.08.2025 to 03.09.2025, and the aforesaid fact is suggestive that life threatening injury was sustained even by a lady, who was also attacked by family of the applicant. 4. Having heard the submissions made by learned counsel for the respective parties, and taking note of the fact that under guardianship of the applicant, victims were severely injured by entire family of the applicant; that victims have sustained life threatening injuries of grave and heinous nature; that victims were admitted in the hospital for the period of approximately five days; that case of the co-accused is distinguishable from the instant case, on account of co-accused being juvenile, and looking to the overall facts and circumstances of the case but without
[2025:RJ-JP:48173] (3 of 3) [CRLMB-13875/2025] commenting upon merits/demerits of the case, this Court is not inclined to enlarge the accused-applicant on bail at this stage. 5.
5. Accordingly, the instant bail application is dismissed, at this stage. (SAMEER JAIN),J DEEPAK/119