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2026 DAILYLAW 18181 (RAJ)

JAMSHED S/O MAUJA v. THE STATE OF RAJASTHAN

CRLMB/8649/2025 · 2026-01-09

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:876] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8649/2025 1. Jamshed S/o Mauja, R/o Village Bagichi, Ps Kaman, Distt. Deeg (Raj.) 2. Mustkeem S/o Jamshed, R/o Village Bagichi, Ps Kaman, Distt. Deeg (Raj.) ----Petitioners Versus The State Of Rajasthan, Through Public Prosecutor, Rajasthan High Court, Jaipur Bench, Jaipur. ----Respondent For Petitioner(s) : Ms. Jinal Gehlot For Respondent(s) For Complainant(s) : : Mr. Amit Punia, PP Mr. Devender Raj Jain HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2026 1. This pre-arrest bail application under Section 482 of BNSS has been filed filed on behalf of the petitioners, who are having apprehension of their arrest in FIR No.650/2024 registered at Police Station Kaman, District Deeg (Raj.) for offences punishable under Sections 189(2), 115(2), 126(2) & 109(1) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that main accused of this case namely- Vasim has already been granted benefit of regular bail by this Court. It is submitted that the alleged incident took place in spur of the moment and parties have entered into compromise as they have [2026:RJ-JP:876] (2 of 3) [CRLMB-8649/2025] resolved their dispute amicably. Counsel submits that custodial interrogation of the petitioners would not serve any fruitful purpose as no allegation has been levelled against the petitioners of causing injury. 3. Learned State Counsel opposes the bail application. However, learned counsel for the complainant does not dispute the factum of compromise. He further submits that he has no objection if this anticipatory bail is allowed. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by counsel for the petitioners, as also the fact that parties have resolved their dispute amicably and main accused namely- Vasim has been granted benefit of regular bail by this Court, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the anticipatory bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kaman, District Deeg in F.I.R. No.650/2024 is directed that in the event of arrest of the petitioners- 1) Jamshed S/o Mauja & 2) Mustkeem S/o Jamshed, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- [2026:RJ-JP:876] (3 of 3) [CRLMB-8649/2025] (i) that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii) that the petitioners 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 any police officer, and (iii) that the petitioners shall not leave India without prior permission of the court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /9