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2026 DAILYLAW 10133 (RAJ)

HALIM S/O LATE FAKIRA v. STATE OF RAJASTHAN

CRLMB/10402/2026 · 2026-07-16

Sangeeta Sharma

body2026

Judgment text

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[2026:RJ-JP:27147] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10402/2026 URN: CRLMB / 19279U / 2026 Halim S/o Late Fakira, Aged About 42 Years, R/o Vajirpur Gate Ke Bahar, Karauli, Police Station Kotwali Karauli, Presently Residing At Aaj Masjid Ke Pass, Kabristan Ke Bagal Me Salim Ka Makan, Shahin School Ke Pass, Gangapur City, Police Station Udei Mod, Gangapur City, District Sawai Madhopur, Rajasthan. (At Present Confined In District Jail Gangapur City). ----Accused-Petitioner Versus State Of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 16/07/2026 1. The instant bail application has been filed against the order of the learned trial Court dated 29.06.2026 on behalf of the accused-petitioner under Section 483 of BNSS in connection with FIR No. 135/2026 registered at Police Station Gangapur City, District Sawai Madhopur, for the offence(s) punishable under Sections 126(2), 115(2), 3(5) of BNS in which charge-sheet is submitted under Sections 126(2), 115(2), 3(5), 117(2) and 109(1) of BNS. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case; that charge-sheet has already been filed. He also submits that the accused-petitioner is in custody since long. He further submits [2026:RJ-JP:27147] (2 of 3) [CRLMB-10402/2026] that the injuries sustained by the injured on the vital part of his body are not attributed to accused-petitioner and the main allegation is against co-accused Ajeej; conclusion of trial will take its own time, so no fruitful purpose would be served by keeping the accused-petitioner behind the bars and, therefore, prays that the accused-petitioner may be granted the benefit of bail under Section 483 of BNSS. 3. Per contra, learned Public Prosecutor vehemently opposes the submissions made by learned counsel for the accused- petitioner hereinabove but concurs with the fact that there are no criminal antecedents against the accused-petitioner. 4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for both the parties; that the charge-sheet has already been filed; that the accused-petitioner is in custody since 21.06.2026; that nothing has been recovered at the instance of the accused-petitioner; that the injuries sustained by the injured, on the vital part of his body which are not attributed to accused- petitioner and the main allegation is against co-accused Ajeej; that there are no criminal antecedents against the accused- petitioner and trial will take its own time. Hence, this Court without expressing any opinion on the merits/demerits of the case, deems it just and proper to enlarge the accused-petitioner on bail. 5. Therefore, the instant bail application under Section 483 BNSS is accordingly, allowed and the accused-petitioner Halim S/o Late Fakira is ordered to be released on bail, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two [2026:RJ-JP:27147] (3 of 3) [CRLMB-10402/2026] sureties of Rs. 50,000/- each to the satisfaction of the Trial Court, with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 6. It is made clear that the accused-petitioner shall not involve in any offence(s) during currency of the bail. 7. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court. 8. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 9. Office is directed to send a copy of this order to the concerned trial Court and Jail authorities through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J 61/HEENA