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[2026:RJ-JP:37318] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 9937/2026 CNR: RJHC010729132026 | URN: CRLMB / 21738U / 2026 Kuldeep Sharma S/o Shri Bharat Lal, Aged About 27 Years, Near Devnaryan Temple, Garravad, Police Station Narayangarh, District Mandsaur, Madhya Pradesh. (Presently Lodged In Dist. Jail, Banswara) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Mahip Raj Singh Malawat For Respondent(s) : Mr. Urja Ram Kalbi, PP HON'BLE MR. JUSTICE SUNIL BENIWAL
Order 06/08/2026
1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr.P.C.). The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case
1. FIR Number 19/2026
2. Date of lodging FIR 20.01.2026
3. Concerned Police Station Banswara
4. District Banswara
5. Offences alleged in the FIR Sections 316(2), 318(4) and 316(5) of the BNS
6. Offences added, if any --
2.
Learned counsel for the petitioner submits that the first bail application was dismissed by this Court on 29.06.2026 while granting liberty to file afresh bail application after filing of the challan.
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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. He further submits that the investigation has been concluded and challan has been filed. The offences alleged against the petitioner are triable by Magistrate and there are no criminal antecedents against him. The petitioner is in judicial custody since 01.05.2026 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.
3. Learned Public Prosecutor vehemently opposes this bail application.
4. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.
5. Having considered the rival submissions, facts and circumstances of this case and after perusing the challan papers so also considering the fact that the investigation has been concluded and challan has been filed; the offences alleged against the present petitioner are triable by Magistrate and there are no criminal antecedents against him; and that the prosecution has not expressed any apprehension qua the petitioner fleeing away from justice, in case he is enlarged on bail, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
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6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner- Kuldeep Sharma S/o Shri Bharat Lal shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
7. 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.
(SUNIL BENIWAL),J Ashutosh-82