Sabir Khan S/O Hamida Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2026)

Sabir Khan S/O Hamida Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Second bail application under Section 483 of BNSS allowed; accused-applicant Sabir Khan enlarged on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to the condition that he shall not disturb the victim's peaceful life nor contact or threaten the victim.

Issue for consideration

Whether the accused-applicant Sabir Khan should be enlarged on bail in this second bail application under Section 483 of BNSS, arising out of FIR No.367/2025 for offences under Sections 115(2) and 126(2) of BNS.

Court's answer

The Court inclined to allow the second bail application taking into account the custody period, absence of criminal antecedents of the applicant, and the fact that the co-accused had been enlarged on bail, along with the overall facts and circumstances and material on record, expressly without commenting on the merits/demerits of the case.

Ratio / Principle

The second bail application under Section 483 of BNSS is allowed and accused-applicant Sabir Khan is ordered to be enlarged on bail, subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, for appearance before the court concerned on all dates of hearing.

Key takeaways

As a condition, the applicant is directed to restrain himself from disturbing the peaceful life of the victim and not to make any attempt to establish contact with or cause any threat to the victim.ratio¶6

Detailed headnote1 paragraphs

Second bail application under Section 483 of BNSS filed by Sabir Khan, arrested in connection with FIR No.367/2025 registered at Police Station Kishangarh Bas, District Khairthal-Tijara, for offences under Sections 115(2) and 126(2) of BNS, was allowed. Reliance was placed on the custody period (since September 2025), filing of charge-sheet, absence of criminal antecedents, grant of bail to co-accused Asgari on the same facts on 16.12.2025 by a Co-ordinate Bench, and the cross-FIR nature of the case, without commenting on merits/demerits despite the Public Prosecutor's opposition on the ground of grievous life-threatening injury. Bail was granted on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, coupled with a direction that the applicant refrain from contacting or threatening the victim.

[2026:RJ-JP:11009]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Second Bail Application No.

302/2026

Sabir Khan S/o Hamida, Aged About 40 Years, R/o Chandar Ka Baas Chaudawat, P.S. Kishangarhbas, District Khairthal-Tijara. (At Present In Sub Jail Kishangarhbas).

----Applicant

Versus

State Of Rajasthan, Through PP

----Respondent

For Applicant(s) : Mr. Kapil Bhardwaj For Respondent(s) : Mr. J.P. Tiwari, PP Mr. Sanjay Khan

HON'BLE MR. JUSTICE SAMEER JAIN

Order

16/03/2026

This second bail application has been filed under Section 483 of BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.367/2025 registered at Police Station Kishangarh Bas, District Khairthal-Tijara for the offence(s) under Sections 115(2), 126(2) of BNS.

Learned counsel for the accused-applicant submits that the applicant is in custody ever since September, 2025. It is submitted that charge-sheet has been filed. It is submitted that there are no criminal antecedents against the applicant. It is submitted that coaccused, Asgari has been granted benefit of bail on the same facts on 16.12.2025 by Co-ordinate Bench of this Court. It is submitted that it is a case of cross FIRs.

(2 of 2)

[CRLMB-302/2026]

[2026:RJ-JP:11009]

Per contra , learned Public Prosecutor has vehemently opposed the second bail application. It is submitted that grievous life threatening injury was caused.

Considering the arguments advanced by the counsel for the parties, considering the custody period; that the applicant is not having any criminal antecedents; that co-accused has been enlarged on bail and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the second bail application of the accused-applicant and enlarge him on bail.

Accordingly, the second bail application under Section 483 of BNSS is allowed and it is ordered that accused-applicant Sabir Khan S/o Hamida shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

However, it is made clear that the applicant shall restrain himself from disturbing the peaceful life of the victim and shall not make any attempt to establish contact with or cause any threat to the victim.

(SAMEER JAIN),J

CHANDAN /100