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2026 DAILYLAW 19453 (RAJ)

BHAGCHAND S/O SHRI BHEEMARAM BANJARA v. STATE OF RAJASTHAN

CRLMB/14408/2025 · 2026-01-27

Praveer Bhatnagar

body2026

Judgment text

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[2026:RJ-JP:3457] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14408/2025 Bhagchand S/o Shri Bheemaram Banjara, Aged About 48 Years, R/o Dholan Doongari, Tehsil Rajgarh, Police Station Rajgarh, District Alwar, Rajasthan. (Presently Confined At Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14989/2025 Kailash Banjara S/o Shri Moolchand @ Choga Banjara, Aged About 43 Years, R/o Banjaro Ki Basti, Purani Rti College Ke Pas, Lic Office Ke Peeche, Surajpura Police Station Dausa Sadar, District Jaipur. (At Present Accused Petitioner Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Kumar Meena, Mr. Deepak Goutam, Mr. Shambhu Dayal For Respondent(s) : Mr. Manvendra Singh, PP, Mr. Kartar Singh HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 27/01/2026 1. These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.447/2025 registered at Police Station Bassi, Jaipur City (East), District Jaipur City (East) [2026:RJ-JP:3457] (2 of 3) [CRLMB-14408/2025] for the offence(s) under Sections 140(3), 87, 64(1), 70(1), 70(2), 115(2), 126(2) and 98 of BNS and Sections 3, 4, 5l, 5j(ii) and 6 of POCSO Act. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that the accused-petitioners are in custody since long. It is also contended that the prosecutrix has turned hostile and the other material witnesses have also not supported the prosecution story, therefore, considering the aforesaid facts, these bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed these bail applications. 4. Heard and perused the material available on record. 5. Considering the fact that the material witnesses i.e. PW-3 'X' in her examination-in-chief has not supported the prosecution story and in the cross-examination also, she has denied that any such offences was committed by the petitioners. The other material witnesses i.e. brother of the prosecutrix PW-2 has also turned hostile and not supported the prosecution story, therefore, considering the aforesaid facts, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely: 1. Bhagchand S/o Shri Bheemaram Banjara and 2. Kailash Banjara S/o Shri Moolchand @ Choga Banjara, in connection with FIR No.447/2025 registered at Police Station Bassi, Jaipur City (East), District Jaipur City (East), shall be enlarged on bail [2026:RJ-JP:3457] (3 of 3) [CRLMB-14408/2025] provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/Rashmi/56-57