[2026:RJ-JP:12] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15747/2025 Sumit Parashar S/o Dharam Prakash Parashar, Aged 29 Years, R/o Badri Narayan Mandir, Badi Basti, Pushkar, District Ajmer, Rajasthan. (At present confined in Ajmer Jail) ----Petitioner Versus State of Rajasthan through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16150/2025 1. Prahalad Nat S/o Madan Lal Bhat, aged about 37 Years, R/o Devnagar Road, Badi Basti, Pushkar. (Presently lodged at Central Jail Ajmer in Judicial Custody) 2. Bhagchand Nat S/o Madanlal, aged about 30 Years, R/o Devnagar Road, Badi Basti, Pushkar. (Presently lodged at Central Jail Ajmer in Judicial Custody) ----Petitioners Versus State of Rajasthan, through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Ravikant Parashar, Pairokar of the petitioners For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/01/2026 1. In “Ex-Capt. Harish Uppal versus Union of India and Anr.” reported in 2003 (2) SCC 45, Hon’ble Supreme Court has held that lawyers have no right to go on strike or to give a call for boycott of Courts. Calls given by Bar Association or Bar Council for such purpose cannot require the Court to adjourn the matters. In the case of “Krishnakant Tamrakar versus the State of Madhya Pradesh” reported in (2018) 17 SCC 27, it has been held that strike by advocates is in violation of law laid down by the Hon’ble [2026:RJ-JP:12] (2 of 3) [CRLMB-15747/2025] Supreme Court and the same tantamount to contempt. The Hon’ble Supreme Court has further held that the office bearers are liable to be removed from the office for passing resolution for strike. In view of the judgment passed by Hon’ble Supreme Court in Ex-Capt. Harish Uppal (Supra) and Krishnakant Tamrakar (Supra), since the advocates are abstaining from work today, this Court deems it proper to pass order on merits. 2. These bail applications under Section 483 of BNSS have been filed on behalf of the petitioners, who have been arrested in connection with FIR No.295/2025 registered at Police Station Pushkar, District Ajmer for offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 (corresponding to Section 306 of IPC). 3. It is contended by Pairokar of the petitioners that accused- petitioners have falsely been implicated in this case. He submits that no offence under Section 108 of BNS is made out against the petitioners. He submits that ingredients of Section 45 of BNS, 2023 (corresponding to Section 107 of IPC) are not visible in the present case. He submits that deceased was facing several problems and on account of dispute with his wife, he was under the depression which is evident from the FIR. It is submitted that petitioners have been made accused in this case solely on the basis of the fact that there was monetary transaction between the deceased and petitioners. It is submitted that trial will take considerable time in its conclusion. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. [2026:RJ-JP:12] (3 of 3) [CRLMB-15747/2025] 4. Learned Public Prosecutor opposes the bail applications. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by pairokar of the petitioners, as also considering the averments made in the FIR which shows that deceased was under depression on account of dispute with his wife and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 7. These bail applications are accordingly allowed and it is directed that accused-petitioners -(1) Sumit Parashar S/o Dharam Prakash Parashar, (2) Prahalad Nat S/o Madan Lal Bhat and (3) Bhagchand Nat S/o Madanlal shall be released on bail provided each of them 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 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. 8. The observations made hereinabove are only for decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /141-142