[2026:RJ-JD:421]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12963/2025 Mohammad Rafiq S/o Gaffar Baig, Aged About 26 Years, House No 228 Bombay Yojna Bcn Raod Kota Police Thana Udhyog Nagar District Kota At Present Rps Colony Rawatbhata District Chittorgarh (Present Lodged In Sub Jail Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bhawani Singh For Respondent(s) : Ms. Sonu Manawat, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/01/2026

1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.129/2025, registered at Police Station Rawat Bhata, District Chittorgarh, for offences under Sections

110, 126(2), 115(2) & 117(2) of BNSS.

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Drawing attention of the Court towards the FIR and the challan papers, learned counsel for the petitioner submitted that though the complainant in the FIR alleged that he was inflicted injuries with sharp weapon (knife) by the petitioner but the police during the course of investigation did not find the aforesaid statement to be the correct and the investigating agency after making thorough investigation in connection with the FIR has recorded a finding that on the date of the alleged incident due to sudden provocation, the petitioner had inflicted injuries upon the injured with kicks and fists. Learned counsel submitted that no sharp weapon has been recovered by the investigating agency; the injuries allegedly inflicted by the petitioner upon the injured are though grievous in nature but not dangerous to life.

4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the investigation against him has already been concluded; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of the allegation levelled against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that as per the challan papers submitted by the investigating agency before the competent criminal Court, police has recorded a finding that on the date of the alleged incident due to sudden provocation, the petitioner had inflicted certain injuries upon the injured with kicks and fists which are though grievous in nature but not dangerous to life.

7. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Mohammad Rafiq S/o Gaffar Baig, arrested in connection with F.I.R. No.129/2025, registered at Police Station Rawat Bhata, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J

90-himanshu/-