[2026:RJ-JP:27811] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10581/2026 URN: CRLMB / 19656U / 2026 Mohammed Atique Son Of Shri Deen Mohammed, Aged About 40 Years, Resident Of Bhainsa, Police Station Todabheem, District Karauli (Rajasthan) (Presently Confined In Central Jail Bharatpur) ----Accused-Petitioner Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For State For Respondent(s) : : Mr. Vijay Yadav, PP Mr. Himmat Singh Bikarwar HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 20/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 30.06.2026 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bharatpur, in Criminal Misc. Case No. 69/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No. 148/2026, Police Station Kotwali Bharatpur, District-Bharatpur for the offences under Sections 318(4), 316(2) & 61(2) of BNS, 2023. 2. Learned counsel for the petitioner submits that the FIR was lodged against the petitioner and other co-accused in various offences including offence triable by Court of Session. However, he submits that after the investigation, challan has been filed against the petitioner only for the offences which are triable by Magistrate. [2026:RJ-JP:27811] (2 of 3) [CRLMB-10581/2026] 3. Learned counsel for the petitioner draws the attention of this Court towards the treatment which is being taken by the petitioner of Sarcoma, High Grade which is the form of a cancer. 4. Learned counsel for the petitioner submits that the charge- sheet (challan) for the offencese which are triable by Magistrate and that the conclusion of the trial is likely to take considerable time. He further submits that the petitioner has been in judicial custody since 10.06.2026. It is also submitted that the petitioner is suffering from Sarcoma (High Grade) and requires appropriate medical care. In view of the aforesaid circumstances, learned counsel prays that the petitioner be enlarged on bail. 5. Learned Public Prosecutor and learned counsel for the complainant-respondent vehemently opposes the present bail application. 6. Heard learned counsel for both the parties, learned Public Prosecutor and perused the material available on record. 7. Without expressing any opinion on the merits of the case and upon consideration of the submissions advanced and particularly the fact that the main allegation is against one Afsar and the entire transaction payment has been made to Afsar; no allegation of making payment to the present petitioner is there on record; the only allegation against the present petitioner is that he is a Government servant and who had assured to help the victim getting the job; challan has been filed for the offences which are triable by Magistrate; the conclusion of trial is likely to take sufficiently long time, this Court is of the opinion that the bail application deserves to be accepted. [2026:RJ-JP:27811] (3 of 3) [CRLMB-10581/2026] 8. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Mohammed Atique Son Of Shri Deen Mohammed arrested in connection with F.I.R. No. 148/2026, Police Station Kotwali Bharatpur, District-Bharatpur, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (BIPIN GUPTA),J 99/MAHIMA