ISHAR@ISHAWAR S/O PANCHURAM v. THE STATE OF RAJASTHAN
CRLMB/16838/2025 · 2026-01-28
Anil Kumar Upman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21029 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21029 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:3874] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16838/2025 Ishar @ Ishawar S/o Panchuram, Aged About 38 Years, R/o Nahar Ki Dhani, Police Station Mokhampura, District Jaipur (At Present In Judicial Custody At Sub Jail Sambhar Lake, District Jaipur). ----Accused-Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dinesh Pareek, Adv., with Mr. Sarosh Khan, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP with Mr. Gaurav Gupta, Asstt.G.A.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/01/2026
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.166/2025 registered at Police Station Sambhar, District Jaipur Rural (Raj.) for the offences punishable under Sections 189(2), 115(2) and 126(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter.
2.
Learned counsel for the petitioner submits that on account of family dispute, petitioner has falsely been implicated in this case. He submits that injured of this case is the brother-in-law (saala) of the petitioner. He argues that none of the injuries sustained to the injured have been opined as dangerous to life. He argues that
[2026:RJ-JP:3874] (2 of 3) [CRLMB-16838/2025] according to the medical report, five injuries were found on the person of the injured, out of which, two injuries have been opined to be grievous in nature and rest of the injuries have been opined to be simple in nature. It is submitted that grievous injuries are on the non-vital part of the body. It is submitted that trial will take considerable time in its conclusion. Counsel submits that the petitioner is in custody since 27.11.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions advanced on behalf of the petitioner and submits that the petitioner is a habitual offender, as four other cases have been registered against him out of which, one case has been registered under the POCSO Act, 2012. 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 learned counsel for the petitioner, especially considering the fact that none of the injuries sustained to the injured have been opined as dangerous to life, as also the fact that charge-sheet has been filed and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Ishar @ Ishawar S/o Panchuram shall be released on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two
[2026:RJ-JP:3874] (3 of 3) [CRLMB-16838/2025] sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned 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. 7.
7. Considering the criminal antecedents of the petitioner, it is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO shall record the presence of the petitioner in Roznamcha. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/66