[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Waaj Urf Abdul Waaj vs State Of Rajasthan (2026:Rj-Jd:9826) on 24 February, 2026
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
[2026:RJ-JD:9826]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1004/2026
Waaj @ Abdul Waaj S/o Yaar Mohd @ Naine Khan, Aged About
31 Years, R/o Malar Rin, P.S Phalodi District Phalodi.
(Presently Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through P
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1005/2026
1. Makshood S/o Jamaldeen, Aged About 34 Years, R/o
Malar Rin P.S. Phalodi District Phalodi.
(Presently Lodged In Central Jail Jodhpur)
2. Umar Khan S/o Kasam Khan, Aged About 28 Years, R/o
Malar Rin, P.S Phalodi District Phalodi.
(Presently Lodged In Central Jail Jodhpur)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kamal Singh Rathore
Mr. Chail Singh
For Respondent(s) : Mr. Prem Singh Panwar, PP
Mr. Vishal Sharma
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
24/02/2026
1. As these bail applications have been filed pertaining to the
same FIR, they are being heard and decided by the instant
common order.
(Uploaded on 24/02/2026 at 05:06:41 PM)
[2026:RJ-JD:9826] (2 of 4) [CRLMB-1004/2026]
2. These bail applications have been filed by the accused-
applicants under Section 483 of the B.N.S.S, 2023 in the matter
arising out of FIR No.8/2026, registered at Police Station Phalodi,
District Phalodi, for the offences punishable under Sections
115(2), 126(2), 117(2), 109(1), 191(2), 191(3), 190, 324(5),
229(2) and 61(2) of the BNS, 2023 and Sections 3/25(1B)(A),
25(6) and 5/27 of the Arms Act.
3. Learned counsel for the accused-applicants submits that the
accused-applicants have been falsely implicated in the present
case. It is further submitted that, as per the allegations levelled in
the impugned FIR, the accused-applicants are alleged to have
used firearms and caused injuries to the injured Yusuf. However,
the injury sustained by the injured Yusuf is on his little & index
finger and is not dangerous to life. Learned counsel further
submits that there is no specific allegation of firing, attributed to
the present accused-applicants and the role of firing from a
firearm has been specifically assigned to co-accused Aslam. It is
also submitted that the accused-applicants were arrested on
05.01.2026 and have been in judicial custody since then. Learned
counsel further submits that there exists a land dispute between
the parties and a cross-FIR has also been registered against the
complainant party, in which investigation is ongoing.
4. Learned counsel for the accused-applicants further contends
that the accused-applicants have been in judicial custody since
05.01.2026. It is argued that the investigation as well as the trial
is likely to take considerable time to conclude; therefore, the
accused-applicants deserve to be enlarged on bail.
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[2026:RJ-JD:9826] (3 of 4) [CRLMB-1004/2026]
5. Per contra, learned Public Prosecutor as well as learned
counsel for the complainant have vehemently opposed the bail
applications and submitted that the allegations against the
accused-applicants pertain to an offence of attempt to murder.
Learned counsel further submits that the accused-persons did,
what they can do and only god has saved the injured. Therefore,
looking to the gravity and seriousness of the offence and the fact
that two other criminal cases have already been registered against
accused Maksood, it is prayed that the accused-applicants may not
be enlarged on bail.
6. Heard learned counsel for the parties and also perused the
material available on record.
7. Considering the overall facts and circumstances of the case;
looking to the period of custody of the accused-applicants; the
fact that none of the injuries suffered by the injured Yusuf has
been opined to be dangerous to life and a cross case has also
been registered against the complainant party and the accused-
applicants were arrested on 05.01.2026, since then they were
behind the bars and the 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 these bail applications
filed by the applicants.
8. Consequently, these bail applications filed under Section 483
of the B.N.S.S., 2023 are allowed. It is ordered that accused-
applicants namely (1) Waaj @ Abdul Waaj S/o Yaar Mohd @
Naine Khan, (2) Makshood S/o Jamaldeen & (3) Umar Khan
S/o Kasam Khan, arrested in connection with FIR No.8/2026,
(Uploaded on 24/02/2026 at 05:06:41 PM)
[2026:RJ-JD:9826] (4 of 4) [CRLMB-1004/2026]
registered at Police Station Phalodi, District Phalodi, will be
released on bail; provided each of them furnishes personal bond in
the sum of Rs.1,00,000/- each and two solvent attested sureties
of Rs.50,000/- each to the satisfaction of the trial Court.
Applicants will be required to appear before that Court on all dates
of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J
16 & 17- GKaviya/-
(Uploaded on 24/02/2026 at 05:06:41 PM)
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