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2026 DAILYLAW 9623 (RAJ)

RAJESH S/O SHREE RAMHARI v. STATE OF RAJASTHAN

CRLMB/8225/2026 · 2026-07-06

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:25211] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 8225/2026 URN: CRLMB / 15025U / 2026 Rajesh Sharma S/o Shree Ramhari Sharma, Aged About 37 Years, R/o A - 3/02/20 Dwarikapuri, Police Station Pratapnagar, District Jaipur At Present In Central Jail, Jaipur ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Sikander Ali Chopdar For Respondent(s) : Mr. Amit Kumar Gupta, Addl. GA cum PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN (Through Video Conferencing) Order 06/07/2026 1. The present 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Rajesh Sharma S/o Shree Ramhari Sharma seeking bail in respect of a criminal case registered as FIR No.16/2025 dated 04.01.2025 registered at P.S. Sanganer Sadar, District – Jaipur City (South), for the offence under Sections 316(2) and 318(4) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more [2026:RJ-JP:25211] (2 of 4) [CRLMB-8225/2026] required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for the petitioner submits that after dismissal of bail application of on 03.10.2025, the statements of two witnesses have been recorded by the trial Court and still the trial has not concluded. He also submitted that the petitioner is in custody since his arrest on 22.07.2025. He also submitted that the petitioner undertakes not to take any benefit from the alleged transaction and that too against the interest of the complainant. He also submitted that the petitioner is also entitled for bail under section 483(6) of BNSS, as trial has not been concluded within a prescribed time. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of a report lodged by complainant Anil Kumar Jain, an FIR No. 16/2025 dated 04-01-2025 was registered at Police Station Sanganeer Sadar, District Jaipur City (South), and after investigation, police has filed a charge sheet against the petitioner under Sections 318(4) & 316(2) of BNS, but kept pending against Meena Sharma under section [2026:RJ-JP:25211] (3 of 4) [CRLMB-8225/2026] 193(9) of BNSS. The first bail application of the present petitioner was dismissed by this court on 03.10.2025. Now, two witnesses were examined by the trial Court and bail application was dismissed by the trial court on 30th January 2026. The petitioner is in custody for last almost one year and trial has not been concluded so far. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant 2nd bail application filed on behalf of applicant-accused Rajesh Sharma S/o Shree Ramhari Sharma, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2026:RJ-JP:25211] (4 of 4) [CRLMB-8225/2026] (iv) The petitioner shall not claim any benefit or interest in the transaction in question and will not act against interest of complainant. (v) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/3