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[2026:RJ-JP:23510] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8881/2026 Devkaran S/o Kairi Lal, Aged About 50 Years, R/o Kharkheda, P.s. Rajgarh, District Alwar, Rajasthan. (Presently Confined At Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Swapnil Singh Patel For Respondent(s) : Mr. Amit Punia, P.P. Ms. Arti Sharma, Dy. G.A. Mr. Sudesh Saini, P.P. Ms. Tanvisha Pant for Mr. Anil Kumar Jain Mr. Babu Lal, ASI, Alwar HON'BLE MR. JUSTICE RAVI CHIRANIA (V.J.)
Order 23/06/2026
1. This misc. bail application has been filed under Section 483 BNSS, 2023, by the petitioner Devkaran S/o Kairi Lal, aged about 50 years, who was arrested by the police in connection with the FIR bearing No.98/2025 dated 22.02.2025 registered at Police Station Rajgarh (Alwar) District Alwar, for the offences punishable under Sections 189(2), 115(2), 126(2), 324(4) of B.N.S. 2023.
2.
Learned counsel submits that the impugned FIR bearing No.98/2026, is a counterblast of the FIR bearing No.96/2026, which was earlier lodged by the petitioner and his family members a day prior to the present FIR i.e. on 21.02.2025. As the counterblast and to water down petitioner’s case the impugned FIR No.98/2025 was lodged. He further submits that the injured
[2026:RJ-JP:23510] (2 of 3) [CRLMB-8881/2026] person in the impugned FIR is a Head Constable who was living in the concerned area. Despite that, his FIR was not lodged at the first instance, more so when he was taken to the hospital by the police personnel themselves, which creates a serious doubt about the story of the prosecution as presented in the impugned FIR. He further submits that its a case wherein the person alleged to be injured misused his position in lodging of the impugned FIR on of account of which petitioner is behind the bars.
3.
Learned counsel submits that the petitioner has falsely been implicated in the present case. Learned counsel further submits that the police, after conducting the investigation, has filed the charge-sheet, no recovery is required to be made and trial will take sufficiently long time to conclude. In view thereof, learned counsel prays that the petitioner may be enlarged on bail.
4.
Learned counsel for the complainant and learned Public Prosecutor strongly oppose the bail application. Investigating Officer, as present before this Court along with the Public Prosecutor, tried to justify the act and conduct of the complainant and the allegations as levelled against the present petitioner herein.
5. This Court, after considering the nature of the allegations, the fact that two FIR’s were registered in which one injured person is the Head constable, having serious doubt about the present case, called the Investigating Officer including the District Superintendent of Police, Alwar, Despite the order of this court District S.P., is not present before this court due to some administrative reason.
[2026:RJ-JP:23510] (3 of 3) [CRLMB-8881/2026]
6. This court after considering the facts and circumstances of the present case, is of the opinion that the concerned injured person in the impugned FIR has misused his official position.
7. The District S.P. is directed to conduct an enquiry regarding the two FIR’s and examine the role of the injured Head Constable in the impugned FIR bearing No.98/2025. In case it is found that he has misused his position in lodging of the FIR, then strict action be taken against him as per law. A report in this regard shall be submitted to this Court within a period of three months from the date of the passing of this order. Accordingly, this court is inclined to exercise its power under Section 483 B.N.S.S. and deems it just and proper to enlarge the accused-petitioner on bail.
8. Accordingly, the bail application filed under Section 483 B.N.S.S. 2023, is allowed and it is directed that accused-petitioner Devkaran S/o Kairi Lal, 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.
9. Petitioner is further directed not to take undue advantage of liberty or misuse liberty. It is made clear that the observation as made by this Court in the bail application will not affect the trial of the case.
10. Copy of this order be separately sent to Superintendent of Police, Alwar, for compliance of this order.
(RAVI CHIRANIA (V.J.)),J 182/AMAN