ROSHAN LAL NAYAK S/O LT. LAXMINARAYAN v. STATE OF RAJASTHAN
CRLMB/9046/2026 · 2026-07-14
Pramil Kumar Mathur
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10120 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10120 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:26466] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9046/2026 URN: CRLMB / 16584U / 2026 Roshan Lal Nayak S/o Lt. Laxminarayan, Aged About 48 Years, R/o Harsh P.s. Sadar Sikar, Dist. Sikar. (Raj.) (At Present Confined In Sub Jail K Patan ) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 14/07/2026
1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.288/2025 registered at Police Station Sadar Sikar, District Sikar for offences under Sections 115(2) and 125 of BNS, 2023.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
3.
Learned counsel for the petitioner contends that the petitioner has falsely been implicated in this case. He submits that the present petitioner has been named in the FIR, wherein it is alleged that the complainant's wife sustained injuries as a result of stone pelting and subsequently succumbed to those injuries. He further submits that from perusal of the FIR reveals that no specific allegation has been made against the present petitioner attributing the fatal injury to deceased-Bhanwari Devi. He submits that the complainant, who is an eyewitness to the incident, has not specifically alleged that the petitioner caused the injury to the
[2026:RJ-JP:26466] (2 of 2) [CRLMB-9046/2026] deceased. He further submits that the incident occurred on the spur of the moment and the only allegation against the petitioner is of stone pelting, during which the deceased sustained injuries. According to him, there was no premeditation or intention on the part of the petitioner to cause the death of the deceased and therefore the requisite "mens rea" for the alleged offence is absent. Petitioner is behind the bars since 25.07.2025 without any criminal past. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, consequently, the bail application deserves to be allowed.
4. Learned Public Prosecutor has vehemently opposed the bail application.
5. On consideration of the rival submissions and material available on record and in light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.
6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Roshan Lal Nayak S/o Lt. Laxminarayan, be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J Chandan/26