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Rajasthan High Court - Jodhpur
Sahab Ram vs State Of Rajasthan (2026:Rj-Jd:15166) on 2 April, 2026
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2056/2026
Sahab Ram S/o Hetram, Aged About 48 Years, Ward No. 8, Chak
22 A, Anupgarh, District Sri Ganganagar, Rajasthan. (Lodged In
Central Jail Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D. S. Gharsanan with
Mr. Ishwar Singh Rathore
For Respondent(s) : Mr. Urja Ram Kalbi, P. P.
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
02/04/2026
1. Present application for bail has been filed by accused-
applicant under Section 483 BNSS, 2023 in connection with FIR
No.556/2025 registered at Police Station Anupgarh, District Sri
Ganganagar for the offences punishable under Sections 109(2) &
118(2) of BNS, 2023.
2. Learned counsel for accused-applicant submits that in the
said FIR, allegations were levelled against the accused-applicant of
causing grievous injuries upon his wife and the petitioner was
arrested on 23.09.2025 and since then he is behind the bars.
2.1 Learned counsel also submits that even as per the medical
report, although the injuries sustained by the victim have been
opined to be grievous in nature, but the quarrel/scuffle between
the husband and wife occurred out of a sudden provocation inside
the matrimonial house.
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2.2 Learned counsel argues that the FIR has been lodged after a
delay of 5 days and no plausible explanation has been given for
the delay.
2.3 Learned counsel also argues that the alleged weapon is a
tailoring scissor, which is professional article of the applicant, as
the applicant is a Tailor by profession and thus, the nature of the
weapon and circumstances do not indicate a clear and deliberate
intention and prior preparation to commit murder.
2.4 Learned counsel thus prays that since the challan has
already been filed and the trial is likely to take a considerable time
to conclude, the applicant may be enlarged on bail.
3. Per contra, learned Public Prosecutor vehemently opposed
the bail application and submitted that injuries were inflicted upon
the victim were grievous in nature.
4. Heard learned counsel for the parties and perused the
material available on record.
5. The record indicates that quarrel/scuffle between the parties
occurred at the spur of the moment within the matrimonial home.
The alleged weapon used is a tailoring scissor, which is a common
professional implement of the applicant and not a weapon
ordinarily carried with any premeditated intent. The circumstances
of the present case coupled with the fact that only single blow was
inflicted upon the victim, prima facie, do not suggest any prior
planning, but rather point towards an incident arising out of a
sudden altercation in the heat of the moment.
5.1 The medical report indicates that wife sustained an injury to
the abdomen, which has been opined to be dangerous to life.
However, no other injury is reported to have been inflicted upon
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her. Thus, the present case appears to be one of a single blow
rather than repeated blows.
5.2 This Hon'ble High Court, in Mahesh v. State of Rajasthan,
2022 SCC OnLine Raj 892, has granted bail in a case where the
incident occurred on the spur of the moment and only a single
blow was inflicted without repetition. The relevant paragraph is
reproduced herein below:
"6. Having regard to the facts and circumstances of the case
and upon a consideration of the arguments advanced, the
fact reflected in the testimony of the PW-1, PW-2 and PW-3
shows that Ramniwas sustained a single injury only and
there was no repetition of blow from the petitioner's
side. Since the petitioner and the deceased Ramniwas are
real brothers having their agricultural fields adjoining to
each other and the incident had taken place at the spur of
the moment on a trivial issue, this Court is of the opinion
that the bail application filed by the petitioner deserves to
be accepted."
5.3 Therefore, this Court, while taking into consideration above-
mentioned observations and the fact that challan has already been
filed, and that conclusion of the trial is going to take a
considerable time, coupled with the fact that accused-applicant is
in custody since 23.09.2025 and no useful purpose would be
served by his continued incarceration, without expressing any
opinion on the merits/demerits of the case, deems it just and
proper to grant bail to the accused-applicant.
6. Consequently, the bail application filed under Section 483 of
BNSS, 2023 is allowed. It is ordered that accused-applicant
Sahab Ram S/o Hetram, arrested in FIR No.556/2025
registered at Police Station Anupgarh, District Sri Ganganagar
shall be released on bail; provided he executes personal bond in
the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Court. Applicant shall be
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required to appear before that Court on all dates of hearing and as
and when called upon to do so.
7. Needless to say, the above observations are limited to the
justifiable disposal of the present bail application and shall not
come in the way of the trial Court to take independent view of the
matter, based on ocular and oral evidence, while finally deciding
the case.
8. It is also made clear that the applicant shall not tamper with
any evidence nor would influence the witnesses in the case and he
shall cooperate in the trial. It is also directed that the applicant
shall not get involved in any other offence(s) of similar nature
during the currency of this bail.
9. It is made clear that in the event the accused-applicant is
found to be involved in any offence of a similar nature in future or
is found to have misused the liberty granted by this Court, it shall
be open for learned Public Prosecutor to move an appropriate
application for cancellation of bail, which shall be considered in
accordance with law.
(SANJEET PUROHIT),J
40-A.Arora/-
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