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2026 DAILYLAW 5274 (RAJ)

BRAJVARDHAN SHARMA S/O SHRI RAMBABU v. STATE OF RAJASTHAN

CRLBC/109/2025 · 2026-03-25

Sameer Jain

body2026

Judgment text

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[2026:RJ-JP:12579] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail Cancellation Application No. 109/2025 Brajvardhan Sharma S/o Shri Rambabu, Aged About 69 Years, R/o Imali Wali Gali, Santar Road Dholpur Police Station Nihalganj, District Dholpur ----Applicant/Complainant Versus 1. State Of Rajasthan, Through P.P. ----State Respondent 2. Raghu Prasad Sharma S/o Shri Damodar, R/o Nayla Police Station Rajakhera District Dholpur. ----Accused/Respondent For Petitioner(s) : Mr. Dhananjay Jain for Mr. Sumit Kumar Jain For Respondent(s) : Mr. Vivek Sharma, PP Mr. Arpit Srivastava HON'BLE MR. JUSTICE SAMEER JAIN Order 25/03/2026 1. The instant application for cancellation of bail has been filed under Section 483(3) of the BNSS, 2023 on behalf of the applicant-complainant in connection with FIR No. 82/2024 registered at Police Station Nihalganj, District Dholpur for the offence(s) under Sections 143, 323, 341, 336, 506, and 307 of the IPC. 2. Learned counsel for the applicant submits that the present application assails the order dated 03.07.2025, whereby the accused/non-applicant was granted the concession of bail. It is submitted that the learned Trial Court erred in applying the principle of parity with the co-accused, who was enlarged on bail [2026:RJ-JP:12579] (2 of 2) [CRLBC-109/2025] by this Court, even though there is a recovery of firearm from the accused and the same is corroborated from the CCTV footage. It is further submitted that the applicant is continuously receiving death threats from the non-applicant, who is currently out on bail. 3. Per contra, learned counsel appearing on behalf of the accused/non-applicant refutes the said allegations. However, to amicably resolve the situation, an undertaking is given before this Court that the non-applicant shall strictly maintain peace and shall not, directly or indirectly, threaten, induce, or influence the applicant. 4. Having heard the arguments advanced by learned counsel for the parties, and considering the fact that the impugned order granting bail was passed by the learned Trial Court after a due appreciation of the age of the accused, custody period undergone, and overall facts of the case, this Court observed that the concession of bail once granted ought not to be cancelled in a mechanical manner. Therefore, taking note of the undertaking and assurance given by learned counsel appearing on behalf of the accused/non-applicant, this Court is inclined to dispose of the present application with a cautious direction that no interference, inducement or duress be caused to the applicant-complainant by the accused, directly or indirectly. 5. Accordingly, the instant bail cancellation application filed under Section 483(3) of the BNSS, 2023 stands disposed of. (SAMEER JAIN),J RINCHU /13