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2026 DAILYLAW 2148 (RAJ)

AJAY SWAMI S/O RAMAVATAR DAS v. STATE OF RAJASTHAN

CRLMB/5853/2026 · 2026-04-20

Praveer Bhatnagar

body2026

Judgment text

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[2026:RJ-JP:16718] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.5853/2026 1. Ajay Swami S/o Ramavatar Das, Aged About 25 Years, R/o Ward No. 29, Devnagar Colony, Nagar Palika Chaksu, Behind Kasba Chaksu, Police Station Chaksu, District Jaipur, Rajasthan. (Accused Presently Confined In Central Jail, Jaipur From 27.03.2026) 2. Lalit Swami S/o Ramavatar Das, Aged About 23 Years, R/o Ward No. 29, Devnagar Colony, Nagar Palika Chaksu, Behind Kasba Chaksu, Police Station Chaksu, District Jaipur, Rajasthan. (Accused Presently Confined In Central Jail, Jaipur From 27.03.2026) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mahendra Singh, Adv. and Mr. Siddharth Gaur, Adv. For Respondent(s) For Complainant : : Mr. Rishi Raj Singh Rathore, PP Mr. Vishal Gurjar, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/04/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The accused-petitioners have been arrested in connection with FIR No.155/2026 registered at Police Station Chaksu, District Jaipur City (South), for the offence(s) under Sections 115(2), 126(2), 119(1) and 307 of BNS. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. It is [2026:RJ-JP:16718] (2 of 3) [CRLMB-5853/2026] contended that in the FIR, it is alleged that on 27.03.2026, the petitioners armed with rods and sticks came along with 5 to 6 persons and abused the complainant and also demanded money (Hafta) and caused injuries to the complainant. It is also alleged in the FIR that the petitioner snatched gold chain and Rs.10 to 25 thousand from the complainant. It is also argued that the complainant sustained no injuries and the complainant Ganesh Saini gave an amount of Rs.70,000/- on interest to the petitioner No.1 Ajay Swami. It is further argued that the complainant in connivance with the Police Officials have falsely indulged the petitioners and the Whatsapp chats transpired between the complainant Ganesh Saini and the petitioner No.1, is itself sufficient to show that there was transaction between petitioner No.1 and the complainant, the complainant in order to recover the amount from the petitioners have falsely implicated the petitioners in the instant case, there are no criminal antecedents against the accused-petitioners, the accused-petitioners are in custody since 27.03.2026 and investigation/trial of the case may take considerable time, therefore, the bail application of the accused- petitioners may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the bail application. It is contended by learned counsel for the complainant that the petitioners threatened the complainant and also assaulted him. It is also alleged against the petitioners that they snatched gold chain of complainant and the allegations against the accused-petitioners are grave, therefore, their bail application may be dismissed. [2026:RJ-JP:16718] (3 of 3) [CRLMB-5853/2026] 4. Heard and perused the material available on record. 5. Considering the arguments advanced by learned counsel for the petitioners and after going through the factual report and without expressing anything on the merits of the case, this Court deems it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners namely; 1. Ajay Swami S/o Ramavatar Das and 2. Lalit Swami S/o Ramavatar Das, in connection with FIR No.155/2026 registered at Police Station Chaksu, District Jaipur City (South), shall be enlarged on bail provided they 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 there appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-46