Citation : 2026 Latest Caselaw 2233 Raj
Judgement Date : 12 February, 2026
[2026:RJ-JD:8066]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Application No. 15273/2025
Achlesh @ Rishi S/o Praveen, Aged About 24 Years, R/o Nagori
Bera Mandore Jodhpur
(Presently Lodged In Central Jail Jodhpur)
----Applicant
Versus
State Of Rajasthan, Through Pp
----Respondent
CONNECTED WITH
S.B. Criminal Misc. Bail Application No. 14972/2025
Aman S/o Shri Sunil, Aged About 24 Years, R/o Kachhawa Nagar,
Nagouri Bera, Mandore, Jodhpur Rajasthan
(At Present Lodged In Jodhpur Prison)
----Applicant
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Misc. Bail Application No. 14973/2025
Om @ Rudraksh S/o Jaideep, Aged About 20 Years, R/o Kachwah
Nagar Nagauri Bera Mandore Jodhpur District Jodhpur
(At Present Lodged In Central Jail Jodhpur)
----Applicant
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Misc. Bail Application No. 1106/2026
Harsh S/o Prem Singh, Aged About 24 Years, R/o Bhakharbar
Baas, Basni Tamboliya, P.S. Mata Ka Than, District Jodhpur,
Rajasthan
(Presently Lodged In Central Jail, Jodhpur)
----Applicant
Versus
State Of Rajasthan, Through Pp
----Respondent
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[2026:RJ-JD:8066] (2 of 6) [CRLMB-15273/2025]
For Applicant-Achlesh : Mr. Nitin Soni
Mr. Hardik Gautam
Mr. Rajendra Singh Chouhan
For Applicant-Aman : Mr. Manish Patel
Mr. Jitesh Kandare
Mr. Dalpat Singh
For Applicant-Om : Mr. Vishal Sharma
For Applicant-Harsh : Mr. Balveer Singh Rathore
Mr. Dinesh Deora
For Respondent-State : Mr. Prem Singh Panwar, A.G.A.
For Complainant(s) : Mr. P.R. Singh Jodha
Mr. Himmat Singh Bhati
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
12/02/2026
1. Matters come up for consideration of two applications (IA
No.1/2026 in SBCRLMB No.15273/2025 and IA No.1/2026 in
SBCRLMB No.14972/2025) preferred on behalf of the accused
applicants therein seeking early hearing of the matters.
2. For the reasons mentioned in both the applications, the
same are allowed.
3. Accordingly, all the matters are taken up for hearing and
are being decided today itself.
4. The present bail applications have been filed by the
accused-applicants under Section 483 of the B.N.S.S, 2023
against the orders dated 08.12.2025, 04.12.2025 and
17.01.2026 passed by learned Additional Sessions Judge No.2,
Jodhpur Metropolitan respectively in connection with FIR
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[2026:RJ-JD:8066] (3 of 6) [CRLMB-15273/2025]
No.230/2025 registered at Police Station Mandor, District Jodhpur
City East for the offences punishable under Sections 115(2),
126(2), 189(2) and 119(2) of BNS, by which the bail applications
of the accused-applicants under Section 483 of the B.N.S.S, 2023
have been dismissed.
5. All the learned counsel appearing on behalf of all the
accused-applicants submit that the accused-applicants have
falsely been implicated in this matter. It is also submitted that this
is a clear-cut case of over-implication and exaggeration of facts. It
is further submitted that as per the FIR, the so called incident is
stated to have occurred on 20.11.2025 and the impugned FIR was
lodged on 24.11.2025 with a delay of about 4 days.
6. Learned counsel for the accused-applicants submit that
the charge-sheet against the accused-applicants has been filed for
the offences punishable under Sections 115(2), 126(2), 118(1),
118(2), 119(1), 119(2), 308(3), 118(1) and 3(5) of BNS;
however, except the offence punishable under Section 119(2) of
BNS, all the other offences are triable by Judicial Magistrate.
7. Learned counsel for the accused-applicants submit that as
per the FIR, one injury by sharp edged weapon knife in the eye of
the complainant - Lalit has been attributed to accused-applicant
Om @ Rudraksh; whereas none of the injuries of any injured
person has been attributed to any of the present accused-
applicants.
8. Learned counsel appearing on behalf of accused-applicant
Om @ Rudraksh submits that injured Lalit, in his statement
recorded under Section 180 of BNSS, has deposed that
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[2026:RJ-JD:8066] (4 of 6) [CRLMB-15273/2025]
accused-applicant Om @ Rudraksh inflicted knife injury to his eye;
however, the eye witnesses viz. Kamlesh Solanki, Kanaram, Babu
Khan, Sarukh @ Sharif have deposed, in their respective
statements recorded under Section 180 of BNSS, that accused-
applicant Om @ Rudraksh inflicted wooden stick (lathi) blow upon
injured. Thus, it is argued that there are material contradictions in
the statements of injured and the eye witnesses.
9. Learned counsel for the accused-applicants submits that
during the course of investigation, CCTV footage was recovered
from the spot and description of which has been made a part of
the charge-sheet; however, in the said footage, there is nothing to
prove that in the so called incident knife was used to cause injury
to complainant Lalit. It is further submitted that no injury on the
body of the complainant has been found to be dangerous to life.
10. Learned counsel for the accused-applicants submit that
accused-applicants viz. Achlesh @ Rishi was arrested on
27.11.2025, Aman and Om @ Rudraksh were arrested on
29.11.2025 and Harsh was arrested on 11.01.2025 and since
then, they are behind the bars. Learned counsel further contends
that charge-sheet has been filed in the matter and trial of the case
will take long time to conclude, therefore, the accused-applicants
be enlarged on bail.
11. On the other hand, learned AGA Mr. Prem Singh Panwar
as well as learned counsel for the complainant Mr. P.R. Singh
Jodha and Mr. Himmat Singh Bhati oppose the bail applications
and submit that as per the FIR, accused-applicant Om @ Rudraksh
and Aman are history-sheeter, against whom many other criminal
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[2026:RJ-JD:8066] (5 of 6) [CRLMB-15273/2025]
cases have also been registered, which is evident from the bail
rejection order passed by the learned trial court.
12. Learned counsel for the complainant submit that in the
Medical Report, it is mentioned that in the right eye of injured
Lalit, there is retinal detachment, therefore, he lost his eyesight.
Thus, it is prayed that looking to the nature of heinousness of
offences levelled against the accused-applicants, their bail
applications may kindly be rejected.
13. Heard learned counsel for the parties and also perused
the material available on record.
14. Having regard to the facts and circumstances of the case
and considering the facts that the accused-applicants are behind
the bars for about three months; that the charge-sheet has been
filed and trial will take long time to conclude, without expressing
any opinion on the merits/demerits of the case, this Court deems
it proper to allow the bail applications filed by the accused-
applicants.
15. Consequently, these bail applications filed under Section
483 of the B.N.S.S, 2023 are allowed. It is ordered that accused-
applicants viz. Achlesh @ Rishi S/o Praveen, Aman S/o Shri
Sunil, Om @ Rudraksh S/o Jaideep and Harsh S/o Prem
Singh, arrested in FIR No.230/2025 registered at Police Station
Mandor, District Jodhpur City East shall be released on bail;
provided each of them furnishes personal bond in the sum of
Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/-
each to the satisfaction of the learned trial Court.
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16. The accused-applicants shall be required to appear before
that Court on all dates of hearing and as and when called upon to
do so.
(ASHUTOSH KUMAR),J
Abhishek Kumar Sl.Nos.44-47
(Uploaded on 12/02/2026 at 03:38:26 PM)
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