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Om Alias Rudraksh vs State Of Rajasthan (2026:Rj-Jd:8066)
2026 Latest Caselaw 2233 Raj

Citation : 2026 Latest Caselaw 2233 Raj
Judgement Date : 12 February, 2026

[Cites 0, Cited by 0]

Rajasthan High Court - Jodhpur

Om Alias Rudraksh vs State Of Rajasthan (2026:Rj-Jd:8066) on 12 February, 2026

Author: Ashutosh Kumar
Bench: Ashutosh Kumar
[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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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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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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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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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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