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2026 DAILYLAW 10128 (RAJ)

WARIS KHAN S/O JAMSHED KHAN, v. STATE OF RAJASTHAN

CRLAS/1110/2026 · 2026-07-09

Sangeeta Sharma

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:25916] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 1110/2026 URN: CRLAS / 2059U / 2026 1. Waris Khan S/o Jamshed Khan, Aged About 21 Years, R/o Mannaka, Police Station Vaishali Nagar, Alwar (Raj.) (At Present Confined In District Jail Alwar) 2. Wahid Khan S/o Jumma Khan, Aged About 21 Years, R/o Mannaka, Police Station Vaishali Nagar, Alwar (Raj.) (At Present Confined In District Jail Alwar) ----Appellants Versus 1. The State of Rajasthan, Through The P.P. ----Respondent 2. Aatur Gaur S/o Ganda Lal Gaur, R/o Plot No. 155 G 1, Raghnandan Vihar Colony, Jagatpura, Jaipur City (North), Rajasthan. ----Complainant For Appellant(s) : Mr. Sanjay Khan For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 09/07/2026 1. This criminal appeal has been filed on behalf of the accused- appellants under Section 14(A) of S.C./S.T. (Prevention of Atrocities) Act, in connection with FIR No. 52/2026 registered at Police Station Vaishali Nagar, District Alwar, for the offence(s) under Sections 115(2), 121(1), 126(2), 132, 191(2), 189(4), 329(3) of BNS and under Section 3(2)(va) of SC/ST Act. 2. Learned counsel for the accused-appellants submits that the accused-appellants have been falsely implicated in this case; that the accused-appellants are in custody since long; that charge- [2026:RJ-JP:25916] (2 of 3) [CRLAS-1110/2026] sheet has already been filed; that the injuries sustained by the injured are neither fatal nor dangerous to life; that the trial will take its own time, so no fruitful purpose would be served by keeping the accused-appellants in custody and, therefore, prays to enlarge the accused-appellants on bail. 3. Per contra, learned Public Prosecutor vehemently opposes the criminal appeal but concurs with the fact that there are no criminal antecedents registered against the accused-appellants. 4. Having regard to the totality of the facts and circumstances of the case and material available on record in the form of charge- sheet. Keeping in view the fact that the accused-appellants are behind the bars since 04.05.2026; that the injuries sustained by the injured are neither fatal nor dangerous to life; that there are no criminal antecedents registered against the accused- appellants; that trial will take its own time. Hence, this Court without commenting anything on merits/demerits of the case, deems it just and proper to enlarge the accused-appellants on bail. 5. Consequently, this instant appeal is allowed. The impugned order dated 13.05.2026 passed by Special Court, SC and ST (Prevention of Atrocities) Cases, Alwar in Bail Application No. 95/2026 is set aside. It is ordered that the accused-appellants namely Waris Khan S/o Jamshed Khan and Wahid Khan S/o Jumma Khan be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court with the following conditions:- [2026:RJ-JP:25916] (3 of 3) [CRLAS-1110/2026] (i) The accused-appellants shall not tamper with evidence or influence the witness in any manner. (ii) The accused-appellants shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the law. (iii) The accused-appellants shall attend the hearing of the trial Court on the date fixed by the trial Court or as and when asked to appear before the trial Court. (iv) In case of any violation of above conditions, the bail granted to the accused-appellants shall be liable to be cancelled. 6. The observation made hereinabove is only for decision of the instant criminal appeal and would not have any impact on the trial of the case in any manner. 7. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J 124/KAVISH