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2026 DAILYLAW 6028 (RAJ)

MOHAMMAD ISRAT @ NANJI S/O SHABBIR KHAN v. STATE OF RAJASTHAN

CRLMB/3963/2026 · 2026-04-16

Sangeeta Sharma

body2026

Judgment text

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[2026:RJ-JP:15966] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3963/2026 Mohammad Israt @ Nanji S/o Shabbir Khan, Aged About 33 Years, R/o Aadarsh Nagar Banzara Colonoy, Gumanpura, Police Station Gumanpura, Kota (At Present Confine In Central Jail Kota) ----Accused-Petitioner Versus State Of Rajasthan, through PP. ----Respondent For Petitioner(s) : Mr. Sameer Sharma For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 16/04/2026 1. This bail application has been filed on behalf of the accused- petitioner under Section 483 of B.N.S.S. in connection with FIR No. 227/2022 registered at Police Station Dadabari, Kota, for the offence(s) under Section 307 & 34 of IPC and Section 3/25 of Arms Act. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel also submits that the petitioner is in custody since long time. He further submits that charge-sheet has already been filed and conclusion of trial may take long time, so no fruitful purpose would be served by keeping the petitioner in custody and therefore, prays that the petitioner may be granted the benefit of bail under Section 483 of BNSS. 3. Per contra, learned Public Prosecutor has vehemently opposed the submissions made by learned counsel for the [2026:RJ-JP:15966] (2 of 3) [CRLMB-3963/2026] petitioner hereinabove and submitted that injuries sustained by the injured-Aasif has been attributed to petitioner-Mohammad Israt. He also submits that injuries sustained by the injured are dangerous to life. 4. It is also submitted that during trial, eye witness PW-2 Smt. Shahista has categorically stated that on 06.09.2022, when injured Asif was not at his home, the accused-petitioner, Israt along with co-accused Aman Babar came to his home and threatened the complainant (wife of injured-Asif) to ask her husband to arrange two lakh rupees for them otherwise they will kill him. Next day, when her husband Asif came, she narrated the whole incident to him and went to police station to lodge an FIR. After lodging the FIR, when they were coming back to their home, petitioner Israt along with co-accused Aman Babar came on bike with pistol in his hand and fired at Asif on his abdomen. 5. It is further submitted that eighteen other criminal cases have been registered against the petitioner under Sections 302, 307, 398, 395, 384 and 399 of IPC etc. over a span of 9 years i.e. 2015 to 2023. It is submitted that petitioner has a criminal background, hence, the petitioner may not be granted the benefit of bail under Section 483 of BNSS. 6. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsels for the parties and keeping in view the fact that accused- petitioner has demanded two lakh rupees and shot the injured Asif when the money was not paid and an FIR was lodged against him. It is pertinent to mention that the injuries are on his vital part and dangerous to life; eighteen other criminal cases have been [2026:RJ-JP:15966] (3 of 3) [CRLMB-3963/2026] registered against the petitioner under Sections 302, 307, 398, 395, 384 and 399 of IPC etc. over a span of 9 years i.e. 2015 to 2023. Hence, this Court without expressing any opinion on the merits/demerits of the case does not deems it just and proper to enlarge the petitioner on bail. 7. Accordingly, the present criminal misc. bail application is dismissed. (SANGEETA SHARMA),J HEENA/42