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[2026:RJ-JD:15813]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 2475/2026

Kaji Khan S/o Shri Banke Khan, Aged About 35 Years, R/o Khaltana Police Station Myajlar District Jaisalmer (Petitioner

Lodged In Central Jail Jaisalmer)

----Petitioner Versus

State Of Rajasthan, Through The Public Prosecutor ----Respondent

For Petitioner(s) : Mr. S.P. Sharma.

For Respondent(s) : Mr. Sameer Pareek, P.P.

Mr. Kailash Prajapati for Mr. Ankur Mathur.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

07/04/2026

1. The instant bail application has been filed by the petitioner under Section 483 BNSS who has been arrested in connection with the FIR No.01/2026 dated 06.01.2026 registered at the Police Station Myajlar, District Jaisalmer, for the offences under Sections 189(2), 126(2), 115(2), 117(2), 118 (2) and 109 (1) of BNS

2023.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case while alleging that the complainant was attacked by the petitioner and the co-accused with swords, axes, iron rods and sticks and blocked the path of the complainant with the intention to kill them. He submits that in the FIR it has been alleged that the complainant has suffered serious injuries on account of such assault. Learned counsel for

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[2026:RJ-JD:15813] (2 of 3) [CRLMB-2475/2026] the petitioner submits that the co-accused Sakhi Khan, Sayar Khan & Barkat Khan have been enlarged on bail by the Coordinate Bench of this Court vide order dated 28.03.2026 passed in SBCRLMB No.3725/2026. Learned counsel for the petitioner while drawing the attention of the Court to the statements of the complainant under Section 180 BNSS submits that specific allegation of causing injury to the complaint by way of firearm has been alleged upon the petitioner, however, in the injury report, the concerned Doctor has opined that one injury is caused by sharp weapon and other injuries are caused by blunt weapon. He further submits that the complainant has suffered ten injuries, however, none of the injury is attributed on account of Gunshot. He also submits that charge-sheet has been filed and petitioner has no previous criminal antecedents of similar nature, thus, the

petitioner may be released on bail.

3. Per contra, learned Public Prosecutor opposes the bail application, however, is not in a position to refute the fact that co- accused namely Sakhi Khan, Sayar Khan and Barkat Khan have already been enlarged on bail by a Coordinate Bench of this Court vide order dated 28.03.2026 passed in SBCRLMB No. 3725/2026; and that as per the statements of the complainant recorded under Section 180 BNSS, a specific allegation of causing injury by firearm has been attributed to the petitioner, whereas as per the injury report, the Doctor has opined that one injury is caused by a sharp weapon and the remaining injuries are caused by blunt weapons. It is further not disputed that although the complainant is stated to have sustained ten injuries, none of the injuries has

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[2026:RJ-JD:15813] (3 of 3) [CRLMB-2475/2026] been attributed to a gunshot, and that the charge-sheet has already been filed and the petitioner does not have any previous

criminal antecedents of similar nature.

4. Having considered the submissions advanced at Bar by learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record; and looking to the fact that trial may take a long time to conclude and, without expressing any opinion on the merits/demerits of the

case, this Court deems it fit to enlarge the petitioner on bail.

5. Consequently, the bail application is allowed. It is ordered that the accused petitioner Kaji Khan S/o Shri Banke Khan arrested in connection with FIR No.01/2026 dated 06.01.2026 regist