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2026 DAILYLAW 16308 (RAJ)

HARPAL @ KALU S/O SHRI GIRDHARILAL v. THE STATE OF RAJASTHAN

CRLMB/1627/2026 · 2026-01-29

Anil Kumar Upman

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:4065] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1627/2026 Harpal @ Kalu Son of Shri Girdharilal, Age about 30 Years, Resident of Deenwa Jatan, Police Station Laxmangarh, District Sikar (Raj.). (At present confined in Jail Sikar). ----Petitioner Versus The State of Rajasthan through P.P. ----Respondent For Petitioner(s) : Mr. Babu Lal Nasuna For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/01/2026 1. This bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.203/2025 registered at Police Station Laxmangarh (Sikar), District Sikar for offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Counsel submits that according to the prosecution case, parents and wife of the deceased are eye-witnesses of the incident. Counsel submits that all three witnesses have been examined during the course of trial wherein they have not supported the prosecution case therefore, they have been declared hostile by the prosecution. It is submitted that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 22.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions advanced on behalf of the petitioner however, he fairly concedes that parents [2026:RJ-JP:4065] (2 of 2) [CRLMB-1627/2026] and wife of the deceased have not supported the prosecution case and they have been declared hostile. He further submits that one other case has been registered against the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially considering the fact that eye- witnesses, who are parents and wife of the deceased have not supported the prosecution case and they have been declared hostile, so also the fact that trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. 6. The bail application is accordingly allowed and it is directed that accused-petitioner- Harpal @ Kalu Son of Shri Girdharilal shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /148