Ishuv Khan S/O Late Shri Rajjak Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2026)

Ishuv Khan S/O Late Shri Rajjak Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest in connection with FIR No.290/2024, Police Station Weir, District Bharatpur, release on bail on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to conditions that the petitioner remain available for interrogation, refrain from inducement, threat or promise to dissuade disclosure, and not leave India without previous permission of the court.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS, 2023 should be extended to the accused-petitioner, whose name does not appear in FIR No.290/2024 even though the complainant was an eye-witness and family member who named the other persons involved.

Court's answer

Because the petitioner was not named in the FIR although the complainant was an eye-witness and family member of the accused-petitioner, the probability of false implication through developments made during investigation cannot be ruled out.

Ratio / Principle

On the above ground, and having regard to counsel's submissions, the Court deemed it just and proper to extend the benefit of anticipatory bail to the accused-petitioner without expressing any opinion on the merits or demerits of the case.

Key takeaways

The anticipatory bail application under Section 482 B.N.S.S. is allowed: in the event of arrest in connection with FIR No.290/2024, the petitioner is to be released on bail upon furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to the stated conditions (availability for interrogation; no inducement, threat or promise; no departure from India without court permission).ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - Section 482 BNSS, 2023 - FIR No.290/2024, P.S. Weir, District Bharatpur, for offences under Sections 115(2), 126(2), 189(2) & 324(2) BNS, 2023 - accused-petitioner not named in the FIR although the complainant, an eye-witness and family member of the accused party, named all persons involved in the incident - Court held that the probability of false implication by developments during investigation could not be ruled out and, without expressing any opinion on the merits or demerits of the case, extended the benefit of anticipatory bail - bail allowed on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to conditions of availability for interrogation, abstention from inducement/threat/promise, and not leaving India without prior court permission.

[2026:RJ-JP:438]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 15838/2025

Ishuv Khan S/o Late Shri Rajjak, Aged About 36 Years, R/o Samraya Police Station, Weir District Bharatpur (Rajasthan)

----Petitioner

Versus

State of Rajasthan, through PP

----Respondent

For Petitioner(s) : Mr. Tanay Jareda For Respondent(s) : Mr. Amit Kumar Gupta, Public Prosecutor

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

07/01/2026

This anticipatory bail application has been filed under Section 482 of BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.290/2024 registered at Police Station Weir, District Bharatpur for the offences under Sections 115(2), 126(2), 189(2) & 324(2) of BNS, 2023.

Heard.

Considered the submissions made by counsel for the accused-petitioner as well as learned Public Prosecutor and also perused the case diary.

After going through the contents of the FIR, it is revealed that the complainant who is an eye-witness of the incident and family member of the accused party also has named all those persons who were involved in the incident. The name of the accused-petitioner does not find place in the FIR.

[CRLMB-15838/2025]

[2026:RJ-JP:438]

(2 of 2)

Having regard the submissions made by counsel for the petitioner and so also the fact that the petitioner has not named in the FIR, though the complainant is an eye-witness and family member of the accused-petitioner. In such circumstances, probability of false implication by making development during investigation cannot be ruled out, hence, this Court without expressing any opinion on the merits/demerits of the case deems just and proper to extend the benefit of anticipatory bail to the accused-petitioner.

Accordingly, this anticipatory bail application under Section 482 B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioner named above in connection with FIR No.290/2024 registered at Police Station Weir, District Bharatpur, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties in the sum of Rs.50,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

(iii) that the petitioner shall not leave India without previous permission of the court.

(GANESH RAM MEENA),J

Ashish Kumar /288