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2026 DAILYLAW 9182 (RAJ)

VARIS S/O HAMIDA v. STATE OF RAJASTHAN

CRLMB/9464/2026 · 2026-07-02

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:24607] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9464/2026 URN: CRLMB / 17499U / 2026 Varis S/o Hamida, Aged About 44 Years, R/o Sadar Ka Bas Lalpur, PS Kaman, District Deeg (Raj) (At Present Accused-Petitioner Confined In Sub Jail Deeg) ---Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ankit Khandelwal For Respondent(s) : Mr. Naresh Gupta, PP Mr. Surendra Singh with Mr. Anoop Kumar for the complainant HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 02/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 10.06.2026 passed by the learned Additional Sessions Judge Kama, District Deeg, in Criminal Misc. Bail Application No.855/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.06/2024, Police Station Kama, District Deeg for the offences under Sections 323, 341, 143, 307 & 120-B of the IPC, 1860 and Section 3/25 of the Arms Act, 1959. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 29.05.2026. He further submits that other accused who were arrested and specifically Habib @ Habbi, against whom it has been alleged that he has used the firearm and from whom the recovery of firearm has been made, has [2026:RJ-JP:24607] (2 of 3) [CRLMB-9464/2026] already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 13.12.2024 in S.B. Criminal Misc. Second Bail Application No.13442/2024. 3. Learned counsel for the petitioner submits that the investigation was kept pending against the present petitioner only. He further submits that investigation/trial will take considerable time and even a compromise has been entered into between the victim and the petitioner. He also submits that case of the petitioner is on no lesser footing than that of the co-accused. Therefore, he prays that the petitioner may be enlarged on bail. 6. Learned Public Prosecutor vehemently opposes the bail application. 7. Learned counsel for the complainant supports the case of the petitioner and submits that if the bail is granted to the petitioner, he has no objection. 8. Heard learned counsel for the petitioner and learned Public Prosecutor and counsel for the complainant and perused the material available on record. 9. Without expressing any opinion on the merits of the case and upon a consideration of the fact that the petitioner is in custody since 29.05.2026; investigation/trial will take considerable time; other co-accused have already been enlarged on bail by a Co- ordinate Bench of this Court and even Habib @ Habbi, against whom the firearm injury was attributed has also been enlarged on bail; further the fact that only one case of 2008 is reflected on record to be pending against the petitioner and counsel for the complainant having no objection, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. [2026:RJ-JP:24607] (3 of 3) [CRLMB-9464/2026] 10. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely-Varis S/o Hamida arrested in connection with F.I.R. No.06/2024, Police Station Kama, District Deeg, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (iii) The petitioner 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 to any police officer or tamper with the evidence. (BIPIN GUPTA),J Sudha/98