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CDJ 2026 SC 317
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| Court : Supreme Court of India |
| Case No : Criminal Appeal No. 252 of 2026 [Arising out of SLP (Crl.) No. 17936 of 2025] |
| Judges: THE HONOURABLE MR. JUSTICE DIPANKAR DATTA & THE HONOURABLE MR. JUSTICE AUGUSTINE GEORGE MASIH |
| Parties : Sahil Khan Versus The State of Rajasthan\r\n |
| Appearing Advocates : For the Petitioner: ----- For the Respondent: ----- |
| Date of Judgment : 15-01-2026 |
| Head Note :- |
Indian Penal Code, 1860 - Sections 147, 148, 149, 307, 302, 341, 323, 325, 449, 504 & 506 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Indian Penal Code, 1860
- Sections 147, 148, 149, 307, 302, 341, 323, 325, 449, 504 & 506 of the Indian Penal Code, 1860
2. Catch Words:
- Bail
- Appeal
- Detention
- Trial
- Conditions
3. Summary:
The High Court of Rajasthan rejected the appellant’s bail application in the trial court. The appellant, charged under multiple sections of the IPC for offences including murder, attempt to murder and criminal intimidation, was arrested on 7 November 2024. Upon review of the state’s additional affidavit and trial‑court witness depositions, the appellate court found that continued detention was unnecessary. Consequently, the impugned judgment was set aside and bail was granted subject to bond and conditions. The court warned against any interference with witnesses and stipulated that breach of bail conditions could lead to cancellation. The order clarifies that it does not constitute a finding on the merits.
4. Conclusion:
Appeal Allowed |
| Judgment :- |
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1. Leave granted.
2. The High Court of Judicature for Rajasthan, by the impugned judgment and order dated 20th September, 2025, has rejected the appellant's prayer for bail.
3. Appellant, figuring as an accused in FIR No.643 of 2023 dated 29th January, 2023 registered at Police Station Ramgarh, District Alwar, Rajasthan under Sections 147, 148, 149, 307, 302, 341, 323, 325, 449, 504 & 506 of the Indian Penal Code, 1860, was arrested on 07th November, 2024.
4. We have heard learned counsel appearing for the parties and looked into the additional affidavit filed by the State of Rajasthan.
5. In particular, the depositions of the witnesses which have been recorded before the trial court have been considered.
6. Taking an overall view of the matter, we are of the considered opinion that further detention of the appellant pending trial is not necessary; and, since the appeal deserves acceptance, the appellant may be admitted to an order for grant of bail.
7. Accordingly, we set aside the impugned judgment and order.
8. Appellant shall be released on bail, subject to furnishing of bail bonds to the satisfaction of the trial court and subject to such other terms and conditions as may be imposed by it.
9. Needless to observe, the appellant shall not, directly or indirectly, by making inducement, threat or promise, dissuade any person acquainted with the facts of the case from disclosing such facts to the court.
10. In the event there is any breach of the terms and conditions for grant of bail, the trial court shall be at liberty to cancel the bail of the appellant.
11. It is also ordered that the appellant shall diligently attend proceedings of the trial, unless exempted. If he abstains from attending the proceedings without justifiable cause, that could also be seen as breach of the conditions for grant of bail and the trial court will be free to pass appropriate orders.
12. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.
13. The appeal is, accordingly, allowed on the aforesaid terms.
14. Pending application(s), if any, shall stand disposed of.
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