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2026 DAILYLAW 8762 (RAJ)

AKASH SHARMA S/O SANJAY SHARMA v. THE STATE OF RAJASTHAN

CRLMB/7525/2026 · 2026-06-09

Bipin Gupta V J

body2026

Judgment text

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[2026:RJ-JP:23056] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6840/2026 Nikhil Kumar S/o Amit Kumar, R/o Piyar @ Bishanpur, Police Station Piyar District Mujaffarpur, Bihar, At Present Tenant Sarjeet Colony Nangliya, (At Present Confined In Sub Jail Kishangarhbas). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7525/2026 Akash Sharma S/o Sanjay Sharma, R/o Surjawali, Police Station Orangabad, District Buland Shahar, U.p. At Present House No. F.s.f.-4, Shiv Vatika, Near Star Hospital, Bhiwadi District Khairthal-Tijara. (At Present Confined In Sub Jail Kishangarhbas). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manjeet Kumar For Respondent(s) For Complainant : : Mr. Vivek Sharma, Addl. G.A., Mr. Asgar Khan HON'BLE MR. JUSTICE BIPIN GUPTA (V. J.) Order 09/06/2026 1. These present bail applications have been filed under Section 483 of BNSS, 2023 against the order dated 27.04.2026 passed by the learned Sessions Judge Bhiwadi, District Khairthal-Tijara, in Bail Application No.173/2026, whereby the bail applications of the petitioners were rejected in connection with F.I.R. No.143/2026, [2026:RJ-JP:23056] (2 of 3) [CRLMB-6840/2026] Police Station Bhiwadi, District Khairthal-Tijara for the offences under Sections 115(2), 126(2), 117(2), 110 and 3(5) of BNS, 2023. 2. Learned counsel for the petitioners submits that the alleged incident took place on 11.03.2026, whereas the FIR was lodged on 19.03.2026 and the medical examination was conducted on 25.03.2026. Thus, he submits that there is an inordinate delay in lodging the FIR. He further submits that, as per the medical report, Injury No. 1 has been opined to be grievous in nature and has not been attributed to the petitioners. He submits that the charge-sheet (challan) has already been filed. He further submits that the petitioners have no criminal antecedents. Moreover, the conclusion of the trial is likely to take a considerable period of time. Therefore, he prays that the petitioners be enlarged on bail, as they have been in judicial custody since 08.04.2026. 3. Learned Additional Government Advocate as well as learned counsel for the complainant vehemently opposes the bail applications and submits that the victim was seriously beaten by the accused-petitioners. They also submits that the offences under Section 110 of BNS,2023 are triable by learned Sessions Court and therefore, the petitioners may not be enlarged on bail. 4. Learned counsel for the complainant also submits that the family members of the petitioners are pressurizing the victim for entering into a compromise. 5. Heard learned counsel for the petitioners and learned Additional Government Advocate and perused the material available on record. [2026:RJ-JP:23056] (3 of 3) [CRLMB-6840/2026] 6. Without expressing any opinion on the merits of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail applications filed by the petitioners deserves to be accepted. 7. Consequently, the bail applications are allowed. It is ordered that the accused-petitioners namely - Nikhil Kumar S/o Amit Kumar, R/o Piyar @ Bishanpur and Akash Sharma S/o Sanjay Sharma, arrested in connection with F.I.R. No.143/2026, Police Station Bhiwadi, District Khairthal-Tijara, shall be released on bail; provided both of them furnish a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that they shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioners shall not leave country without the permission of the Court; (ii) The petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; (iii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (BIPIN GUPTA (V. J.)),J Keshav/42-43