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2026 DAILYLAW 9953 (RAJ)

JUBAIR HAQ S/O JIYA UL HAQ v. STATE OF RAJASTHAN

CRLMB/7601/2026 · 2026-07-06

Sangeeta Sharma

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:25022] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7601/2026 URN: CRLMB / 13842U / 2026 Jubair Haq S/o Jiya Ul Haq, Aged About 24 Years, R/o Ghonsi Mohalla Kishorepura Thana Kishorepura Kota City. (At Present Confined At Central Jail Kota). ---Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan For State For Complainant(s) : : Mr. Manvendra Singh Choudhary, P.P. Mr. Kapil Nagayach for Mr. Avtar Singh Rathore HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 06/07/2026 1. The instant bail application has been filed on behalf of the accused-petitioner under Section 483 of BNSS in connection with FIR No. 41/2026 registered at Police Station Kishorepura, District Kota City for the offence(s) punishable under Sections 189(2), 115(2), 127(2), 109(1) and 285 B.N.S. of 2023, in which charge- sheet has been submitted under Sections 115(2), 109(1), 285, 126(2), 190, 191(2), 191(3), 117(2) of B.N.S.,2023 and Sections 4 and 25 of Arms Act, 1959 (Amendment 2019). 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case; that the accused-petitioner is behind the bars since long; that charge- sheet has already been filed; that rest of the co-accused persons who are named in the F.I.R. have already been enlarged on bail; [2026:RJ-JP:25022] (2 of 3) [CRLMB-7601/2026] 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 and counsel for the complainant have vehemently opposes the submissions advanced by learned counsel for the accused-petitioner hereinabove but concurs with the fact that there are no criminal antecedents registered against the accused-petitioner. 4. Having regard to the totality of the facts and circumstances of the case and material available on record; that the charge- sheet has already been filed; that the accused-petitioner is in custody since 17.03.2026; that the other co-accused persons namely Tosif, Jiyaul Haq, Israul Haq, Javed, Ajhar Hussain, Jainul Haq Abdul Haq and Vasim Hussain have already been enlarged on bail by the Trial Court itself and co-accused persons namely Mohammed Akram, Aslan Husain and Mohammed Naved have also been enlarged on bail by this Court vide order dated 29.04.2026 in S.B. Criminal Miscellaneous Bail Application No. 5402/2026; that the injuries sustained by the injured are neither fatal nor dangerous to life; 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 Jubair Haq S/o Jiya Ul Haq is ordered to be released on bail, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with [2026:RJ-JP:25022] (3 of 3) [CRLMB-7601/2026] 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. 6. It is made clear that the accused-petitioner shall not involve in any offence(s) during currency of the bail. 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 28/RACHNA