TOHID ALIAS BHAIYU S/O ABDUL HAMID v. STATE OF RAJASTHAN
CRLMB/5007/2026 · 2026-05-20
Sangeeta Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8288 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8288 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:21273] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5007/2026 Tohid Alias Bhaiyu S/o Abdul Hamid, R/o In Front Of Payega School, Surajpol, Police Station Kaithunipol, Kota City, Rajasthan. (Presently Confined In Central Jail Kota). ----Accused-Petitioner Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Navditya Lalsotia For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Jagmohan, ASI, PS Kaithunipol, Kota.
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order 20/05/2026
1. The instant bail application has been filed on behalf of the accused-petitioner under Section 483 of BNSS in connection with FIR No. 94/2025 registered at Police Station Kaithunipol, District Kota City for the offence(s) punishable under Sections 115(2), 126(2), 109(1) & 3(5) of B.N.S., 2023 and Sections 3 & 25 of Arms Act, in which charge-sheet has bee submitted under Sections 115(2), 126(2), 109(1) & 3(5) of B.N.S., 2023.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case. He also submits that the accused-petitioner is in custody since
06.03.2026. He further submits that charge-sheet has already been filed and the main allegation of firing is against co-accused Aadil Mirja. He further submits that none of the injuries sustained
[2026:RJ-JP:21273] (2 of 3) [CRLMB-5007/2026] by the injured is dangerous to life; 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- petitioners hereinabove and submits that there are criminal antecedents registered against the accused-petitioner. 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 accused-petitioner is in custody since 06.03.2026; that charge-sheet has already been filed and the main allegation of firing is against co-accused Aadil Mirja; that the 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 Tohid Alias Bhaiyu S/o Abdul Hamid is ordered to be released on bail, provided 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. [2026:RJ-JP:21273] (3 of 3) [CRLMB-5007/2026]
6. It is made clear that the accused-petitioner shall not involve himself in any offence(s) during currency of the bail and he shall mark his presence once in a month in the concerned police station. 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 through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J PUNEET KUMAR/29