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2026 DAILYLAW 9327 (RAJ)

SULEMAN S/O GARIBA v. STATE OF RAJASTHAN

CRLMB/8806/2026 · 2026-07-03

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:24719] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8806/2026 URN: CRLMB / 16140U / 2026 Suleman S/o Gariba, Aged About 75 Years, R/o Neemla, Police Station Kaithwara, District Deeg. (At Present Accused-Petitioner Confined In Sub Jail Deeg). ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Ankit Khandelwal For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 03/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 26.05.2026 passed by the learned Additional District & Sessions Judge Kama, District Deeg in Criminal Misc. Case (CIS) No.730/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.198/2024, Police Station Kaithwara, District Deeg for the offences under Sections 318(2), 316(2), 351(2), 189(2), 61(2) (A), 115(2) & 126(2) of the BNS, 2023. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 04.05.2026. He further submits that the criminal antecedents which have been reported in the rejection order are mostly of the year 1992, 1993 & 1998 except one which pertains to the year 2023 of theft. [2026:RJ-JP:24719] (2 of 3) [CRLMB-8806/2026] 3. Learned counsel for the petitioner submits that challan in this case has been filed. Moreover, the conclusion of trial will take sufficiently long time. Therefore, he prays that the petitioner be enlarged on bail. He further submits that petitioner is ready and willing to comply with the stringent condition, if the bail is granted. 4. Learned Additional Government Advocate vehemently opposes the bail application. 5. Heard learned counsel for the petitioner and learned Additional Government Advocate and perused the material available on record. 7. Without expressing any opinion on the merits of the case and upon a consideration of the fact that petitioner is in custody since 04.05.2026 ; Challan in this case has been filed and there is no charge-sheet in respect to alleged offence as per FIR that the victim's clothes were torn by the accused-petitioner and further, there being no challan of outraging the modesty of the woman, this Court is of the opinion that the bail application filed by the accused-petitioner deserves to be accepted subject to imposition of stringent conditions. 8. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely - Suleman S/o Gariba arrested in connection with F.I.R. No.198/2024, Police Station Kaithwara, 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 [2026:RJ-JP:24719] (3 of 3) [CRLMB-8806/2026] 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; and (iv) In the event the petitioner is found involved in any other case of similar nature in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted herein. (v) The accused-petitioner shall mark his presence before the concerned police station once in a month as fixed by the Investigating Officer and a register shall be maintained for the same by Investigating Officer. (vi) In case of any change of residential address, the accused-petitioner shall immediately inform the Investigating Officer as well as the trial Court. (BIPIN GUPTA),J 55/MAHIMA