[2026:RJ-JP:28898] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10761/2026 CNR: RJHC020641112026 | URN: CRLMB / 19943U / 2026 Fayum Khan S/o Jamil Bhai, Aged About 35 Years, R/o Ward Number 7 Chapeda Morak Station, Police Station Morak, District Kota (At Present Confined In Central Jail, Kota). ----Accused-Petitioner Versus The State Of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Tarun Jain For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 27/07/2026 1. The instant bail application has been filed against the order of the learned trial Court dated 11.05.2026 on behalf of the accused-petitioner under Section 483 of BNSS in connection with FIR No. 13/2026 registered at Police Station Morak, District Kota Rural, for the offence(s) punishable under Sections 109(1), 121(1), 121(2), 132, 111(2)(b), 189(2) of BNS and Sections 3, 5, 25, 25(6) and 4 of Arms Act, in which charge-sheet has been submitted under Sections 109(1), 121(1), 132, 111(2)(b), 189(2), 190, 191(2), 191(3)& 263(b) of BNS and Sections 3, 5, 25, 27(1) of Arms Act. 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:28898] (2 of 3) [CRLMB-10761/2026] that co-accused has been enlarged on bail. He submits that firearm injury sustained by the injured is attributed to co-accused Aadil Mirza and 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 and submits that two criminal antecedents are registered against the accused-petitioner, in which he has been acquitted in one case under Sections 307, 325, 323, 341, 143 and 120 of IPC and convicted in another case under Section 13 RPGO, therefore, he may not be granted the benefit of bail under Section 483 of BNSS. 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 16.01.2026; that the firearm injury sustained by the injured is attributed to co-accused Aadil Mirza; that co-accused Alfej Khan has been enlarged on bail vide order dated 22.04.2026 in S.B. Criminal Misc. Bail Application No.3673/2026 by this Court 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 Fayum Khan S/o Jamil Bhai is ordered to be released on bail, provided [2026:RJ-JP:28898] (3 of 3) [CRLMB-10761/2026] he 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 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 and he shall mark his presence in the concerned police station on 1st and 15th day of every month till the completion of trial. 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, Jail authorities and SHO through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J 67/HEENA