Rajasthan High Court – Jodhpur
Sumer Khan @ Shanu vs State Of Rajasthan (2025:Rj-Jd:24127) on 19 May, 2025
[2025:RJ-JD:24127]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5821/2025
Sumer Khan @ Shanu S/o Sherkhan, Aged About 18 Years, R/o
Kumari Darwaza Nagaur, P.S. Kotwali Nagaur, District Nagaur
( Presently Lodged in District Jail Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 4831/2025
1. Jahangir Khan S/o Zakir Hussain, Aged About 25 Years,
R/o Kumhari Darwaja, Nagaur, P.S. Kotwali, Nagaur,
District Nagaur.
2. Asif S/o Zakir Hussain, Aged About 23 Years, R/o Kumhari
Darwaja, Nagaur, P.S. Kotwali, Nagaur, District Nagaur
3. Asif S/o Anwar Khan, Aged About 25 Years, R/o Kumhari
Darwaja, Nagaur, P.S. Kotwali, Nagaur, District Nagaur.
(At Present Lodged in District Jail, Nagaur)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 5344/2025
Shoyab Khan S/o Alam Khan @ Ayub Khan, Aged About 27
Years, R/o Ajmeri Gate Ke Andar, Nagore Tehsil, District Nagore.
(At Lodged In District Jail Nagore)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shreedhar Purohit
Mr. Lal Singh Rathore
Mr. Jitendra Ojha
Mr. Chetan Singh Bhati
Mr. Ram Sukh Mali
Mr. Shivani Mutha
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025:RJ-JD:24127] (2 of 4) [CRLMB-5821/2025]
For Respondent(s) : Mr. Hathi Singh Jodha, PP
For Complainant(s) Mr. Yuv Raj Sonel
Mr. Sharwan Kumar
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
19/05/2025
These applications for bail under Section 483 of BNSS (439
Cr.P.C.) have been filed by the petitioners who have been arrested
in connection with F.I.R. No.111/2025 registered at Police Station
Kotwali Nagaur, District Nagaur for offences under Sections
126(2), 115(2), 109(1), 190, 191(2), 191(3), 352 and 351(3) of
the BNS and under Sections 27, 5/35 and 4/25 of the Arms Act.
Heard learned counsel for the petitioners, learned counsels
for the complainant and learned Public Prosecutor. Perused the
material available on record.
All the learned counsel for the petitioners submit that as per
the story of the prosecution, accused-Asif S/o Munshi made
threatening call to the complainant’s son. Subsequently, he along
with the present petitioners, arrived outside the complainant’s
house armed with pistols, lathis & sword, and began calling out
complainant’s son. However, due to fear, he did not step outside.
When the complainant attempted to intervene and requested
them to leave, it is alleged that accused Asif S/o Munshi fired
gunshots in the air, and the other co-accused attempted to assault
the complainant with the lathis, as a result of which the
complainant sustain injuries. Learned counsel further submits that
the accused-petitioners have been falsely implicated in the present
case. Learned counsel submits that as per the report, the alleged
injuries inflicted on the complainant are not on the vital part of the
body and not dangerous to life. Learned counsel further submits
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025:RJ-JD:24127] (3 of 4) [CRLMB-5821/2025]
that there was no previous enmity between the accused-
petitioners and the complainant as well as his son. Learned
counsel submits that the petitioners are in judicial custody since
long and the trial of the case will take sufficiently long time,
therefore, the benefit of bail may be granted to the accused-
petitioners.
Per contra, learned Public Prosecutor and learned counsels
for the complainant have opposed the bail applications and
submitted that as per the report, injury no.1 is grievous in nature.
It is further submitted that the allegations against the accused-
petitioners are grievous as they gathered in front of the
complainant’s house with the intention to kill his son. Thus, prayed
that the petitioner may not be enlarged on bail.
Having considered the rival submissions, facts and
circumstances of the case and considering that as per the report,
the alleged injury no.1 allegedly inflicted on the complainant is
grievous in nature but not opined whether dangerous to life or not
and that there was no previous enmity between the accused-
petitioners and the complainant as well as his son, therefore,
without expressing any opinion on merits/demerits of the case,
this Court is inclined to enlarge the petitioners on bail.
Consequently, the bail applications under Section 483 of
BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused-
petitioners Sumer Khan @ Shanu S/o Sherkhan, Jahangir
Khan S/o Zakir Hussain, Asif S/o Zakir Hussain, Asif S/o
Anwar Khan and Shoyab Khan S/o Alam Khan @ Ayub Khan,
arrested in connection with F.I.R. No.111/2025 registered at Police
Station Kotwali Nagaur, District Nagaur, shall be released on bail, if
not wanted in any other case, provided each of them furnishes a
personal bond of Rs.50,000/- and two sureties of Rs.25,000/-
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025:RJ-JD:24127] (4 of 4) [CRLMB-5821/2025]
each, to the satisfaction of learned trial court, for their appearance
before that court on each & every date of hearing and whenever
called upon to do so till completion of the trial.
(CHANDRA PRAKASH SHRIMALI),J
224-226-JatinS/-
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