Citation : 2026 Latest Caselaw 7165 Raj
Judgement Date : 1 May, 2026
[2026:RJ-JD:20819]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4463/2026
Habib Khan Alias Babu Khan S/o Suleman Khan, Aged About 50
Years, Resident Of Virampura, Sabarsar, Police Station Shergarh,
District Jodhpur Rajasthan. (Presently Lodged In Central Jail,
Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Zeeshan Ali
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
01/05/2026 Heard learned counsel for the parties and perused the
material available on record.
The petitioner has been arrested in connection with FIR No.
63/2026 of Police Station Shergarh, District Jodhpur Rural, for the
offences punishable under Sections 109(1), 115(2), 118(1), 307
and 3(5) of the BNS, and Section 4/25(1-B) of the Arms Act. He
has preferred the present bail application under Section 483 of the
BNSS.
Learned counsel for the petitioner submits that the
allegations against him do not travel beyond Section 118(1) BNS,
as the injuries said to have been caused by the petitioner are
simple and sharp in nature. It is further submitted that the
petitioner is in judicial custody since 26.03.2026, and the
(Uploaded on 01/05/2026 at 03:35:14 PM)
[2026:RJ-JD:20819] (2 of 2) [CRLMB-4463/2026]
conclusion of the trial is likely to take a considerable amount of
time.
Learned Public Prosecutor, after going through the case diary,
does not dispute the fact that the injuries allegedly caused by the
petitioner on vital parts are simple and sharp in nature and are
neither grievous nor dangerous to life.
Having considered the rival submissions and the facts and
circumstances of the case, and keeping in view that the conclusion
of the trial is likely to take time, and that the prosecution has not
shown any apprehension of the petitioner fleeing from justice in
case he is enlarged on bail, but without expressing any opinion on
the merits of the case, I deem it just and proper to grant bail to
the petitioner under Section 483 of the BNSS.
Accordingly, this bail application filed under Section 483 of
BNSS is allowed and it is directed that petitioners -Habib Khan
Alias Babu Khan shall be released on bail in connection with FIR
No.63/2026 of Police Station Shergarh, District Jodhpur Rural, if
not wanted in any other case, provided he executes a personal
bond in the sum of Rs.50,000/- with two sound and solvent
sureties of Rs.25,000/- each to the satisfaction of learned trial
court for his appearance before that court on each and every date
of hearing and whenever called upon to do so till the completion of
the trial.
(BALJINDER SINGH SANDHU),J 52-deep/-
(Uploaded on 01/05/2026 at 03:35:14 PM)
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