HARKESH S/O SHRI SHIVLAL v. THE STATE OF RAJASTHAN
CRLMB/3906/2026 · 2026-03-19
Ravi Chirania
body2026
DailyLaw.ai
[ 2026 DAILYLAW 546 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 546 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:11945] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3906/2026 Harkesh S/o Shri Shivlal, Aged About 45 Years, R/o Digariya Kapoor, Police Station Baijupada, District Dausa (Raj.) (At present confined in Sub Jail, Hindaun City). ----Petitioner Versus The State of Rajasthan, through P.P. ----Respondent For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. Vijay Singh Yadav, P.P.
HON'BLE MR. JUSTICE RAVI CHIRANIA
Order 19/03/2026
1. This misc. bail application under Section 483 B.N.S.S. has been filed by the petitioner Harkesh S/o Shri Shivlal, aged about 45 years in connection with the FIR bearing No.60/2026 dated 24.02.2026 registered at Police Station Todabhim District Karauli for the offences punishable under Sections 4/21 M.M.D.R. Act and Section 303(2) of B.N.S, 2023.
2.
Learned counsel submitted that allegations against the petitioner is in respect of illegally transporting river sand and minerals. Learned counsel further submitted that he has not committed any such offence. Learned counsel further submitted that the petitioner being a tractor driver is not involved in any illegal transportation activities and in only engaged in such wordk for the purpose of earning his livelihood by transporting river sand and minerals. Learned counsel further submitted that the alleged offences are triable by Magistrate and the trial is likely to take a
[2026:RJ-JP:11945] (2 of 2) [CRLMB-3906/2026] long time. In view thereof, learned counsel prayed that the petitioner be enlarged on bail.
3. Learned Public Prosecutor strongly opposed the bail application.
4. Considering the impugned order, the overall facts and circumstances of the present case and that the allegations levelled in the FIR are triable by Magistrate, without commenting of the merits of this case, this Court is inclined to exercise its powers under Section 483 of the B.N.S.S. and deems it just and proper to enlarge the accused-petitioner on bail.
5. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that accused-petitioner Harkesh S/o Shri Shivlal shall be released on bail, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so, till the completion of the trial. The petitioner is further directed not to take undue advantage or misuse of liberty granted by this Court. It is made clear that the observations, as made by this Court in the bail application, will not affect the trial of the case.
(RAVI CHIRANIA),J 72 - RAVI KHANDELWAL