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2026 DAILYLAW 1869 (RAJ)

BRIJ S/O SHIV SINGH v. THE STATE OF RAJASTHAN

CRLMB/3290/2026 · 2026-03-27

Sangeeta Sharma

body2026

Judgment text

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[2026:RJ-JP:12868] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3290/2026 Brij S/o Shiv Singh, R/o Village Kanchanpur, Police Station Kanchanpur, District Dholpur (Rajasthan) (Presently Confined In District Jail, Dholpur). ----Accused-Petitioner Versus The State Of Rajasthan, through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3291/2026 Sukha S/o Kalla, R/o Village Kanchanpur Police Station Kanchanpur, District Dholpur. (At Present Confined In District Jail, Dholpur). ----Accused-Petitioner Versus State Of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Dheeraj Singhal Mr. Anil Jain For State For Complainant(s) : : Mr. Manvendra Singh Choudhary, PP Mr. Ram Ratan Gurjar HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 27/03/2026 1. These bail applications have been filed on behalf of the accused-petitioners under Section 483 of B.N.S.S. in connection with FIR No.348/2025 registered at Police Station Kanchanpur, District Dholpur, for the offence(s) under Sections 109(1) and 3(5) of BNS. [2026:RJ-JP:12868] (2 of 3) [CRLMB-3290/2026] 2. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case and the injuries sustained by the injured person are neither fatal nor dangerous to life. Learned counsel also contends that it is a case of cross-FIR. Learned counsel further submits that petitioners are not named in the FIR and the allegations of injury is attributed to other co- accused. Learned counsel submits that co-accused Aarif S/o Munna & Krishan Kumar @ K.K. S/o Jagan have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 19.02.2026 in S.B. Criminal Misc. Bail Application No.2434/2026 and 21.01.2026 in S.B. Criminal Misc. Bail Application No.981/2026 respectively. He further submits that charge-sheet has already been filed and conclusion of trial may take long time, so no fruitful purpose would be served by keeping the petitioners in custody and therefore, prays that the petitioners may be granted the benefit of bail under Section 483 of BNSS. 3. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the submissions made by learned counsel for the petitioner hereinabove and submitted that there is criminal antecedent against accused-petitioner Sukha S/o Kalla. 4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for the petitioners that charge-sheet has already been filed; the allegations of injury is attributed to other co-accused; co-accused Aarif S/o Munna & Krishan Kumar @ K.K. S/o Jagan have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 19.02.2026 in S.B. Criminal Misc. Bail Application [2026:RJ-JP:12868] (3 of 3) [CRLMB-3290/2026] No.2434/2026 and 21.01.2026 in S.B. Criminal Misc. Bail Application No.981/2026 respectively and trial will take its own time. Hence, this Court without expressing any opinion on the merits/demerits of the case deems it just and proper to enlarge the petitioners on bail. 5. Therefore, these bail applications under Section 483 BNSS are accordingly, allowed and the accused-petitioners Brij S/o Shiv Singh & Sukha S/o Kalla are ordered to be released on bail, provided each of them furnish a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court, with the stipulation that they 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. 6. It is made clear that the accused-petitioner Sukha S/o Kalla shall not be involved in any other offence(s) during currency of the bail and he shall mark his presence on 1st and 15th day of every month in the concerned police station. 7. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to to move the application against the accused-petitioner for cancellation of the bail before the concerned Court. 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J HEENA/52-53