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2026 DAILYLAW 2661 (RAJ)

SHALU @ SHALU BABAR S/O KMAAL HUSSAIN @ CHOTA BHAIYA v. STATE OF RAJASTHAN

CRLMB/2853/2026 · 2026-03-16

Ravi Chirania

body2026

Judgment text

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[2026:RJ-JP:10969] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2853/2026 Shalu @ Shalu Babar S/o Kmaal Hussain @ Chota Bhaiya, R/o Pathan Sahab Road, Near Rahmani Mosque, Sharmik Colony Baran, Police Station Kotwali Baran, District Baran, Rajasthan. (At Present he is confined in Central Jail, Baran (Raj.)) ----Petitioner Versus State of Rajasthan, through P.P. ----Respondent For Petitioner(s) : Mr. Laxman Meena For Respondent(s) : Mr. Vijay Singh Yadav, P.P. HON'BLE MR. JUSTICE RAVI CHIRANIA Order 16/03/2026 1. This misc. bail application has been filed by the petitioner Shalu @ Shalu Babar S/o Kmaal Hussain @ Chota Bhaiya, who is behind the bars in connection with the FIR bearing No.46/2026 dated 14.01.2026 registered at Police Station Kotwali Baran District Baran for the offences punishable under Sections 109(1), 189(2) of B.N.S. Act and under Section 3 & 25 of the Arms Act. 2. Learned counsel for the petitioner submitted that on the basis of the facts reported in the FIR, the petitioner has been arrested by levelling the allegation that he was involved in the firing incident which occurred on 14.01.2026, as reported by the complainant. Learned counsel submitted that he has falsely been implicated in the present case and no recovery has been made by the police from him. He further submitted that no injury was caused to the complainant and further the alleged recovery made by the police is from the co-accused Shehnawaj Ansari. Learned [2026:RJ-JP:10969] (2 of 3) [CRLMB-2853/2026] counsel further submitted that the learned Trial Court has recorded the pendecy of three cases against the petitioner, however, the order itself reflect that in two cases, he has already been acquitted and in the third case he was punished with simple imprisonment of 15 days way back in the year 2021. In view thereof, learned counsel for the petitioner prayed that the petitioner be enlarged on bail. 3. Learned Public Prosecutor strongly opposed the bail application. 4. Be that as it may. 5. This Court after considering the contents of the FIR and overall facts and circumstances of the present case, is inclined to exercise its power under Section 483 B.N.S.S. and deems it just and proper to enlarge the accused-petitioner Shalu @ Shalu Babar S/o Kmaal Hussain @ Chota Bhaiya on bail as no recovery was made from the present petitioner. 6. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that accused-petitioner Shalu @ Shalu Babar S/o Kmaal Hussain @ Chota Bhaiya shall be released on bail, provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- to the satisfaction of learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. The petitioner is further directed not to take undue advantage of liberty or misuse liberty. It is made clear that the observation as made by this Court in the bail application will not affect the trial of the case. [2026:RJ-JP:10969] (3 of 3) [CRLMB-2853/2026] 7. It is further directed that in case, the petitioner is found to be involved in any case within two years from the date of passing of this order, learned Public prosecutor shall file an application for cancellation of the bail. (RAVI CHIRANIA),J 64 - RAVI KHANDELWAL