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[2026:RJ-JP:24852] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8273/2026 URN: CRLMB / 15081U / 2026
1. Kitwa S/o Ikrar, Aged About 28 Years, R/o Hiriya Khedi (Kherabad) Police Station Ramganjmandi, District Kota Rural (Raj.) (At Present Accused Petitioner Confined In Sub District Jail Malpura).
2. Jaihind S/o Silwar Singh, Aged About 28 Years, R/o Hiriya Khedi (Kherabad) Police Station Ramganjmandi, District Kota Rural (Raj.) (At Present Accused Petitioner Confined In Sub District Jail Malpura). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abhishek Bhardwaj For Respondent(s) : Mr. Vivek Sharma, AGA HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 03/07/2026
1. The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 08.05.2026 passed by learned Additional Sessions Judge, Malpura, District Tonk, in Bail Application No.71/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.48/2026, Police Station Lambaharisingh District Tonk for the offences under Sections 305(A), 331(3) of the BNS, 2023.
2.
Learned counsel for the petitioner at the outset seeks permission to withdraw the bail application qua petitioner No.2 Jai Hind.
[2026:RJ-JP:24852] (2 of 3) [CRLMB-8273/2026]
3. Accordingly, the bail application qua accused-petitioner Jaihind s/o Silwar Singh is dismissed as withdrawn.
4.
Learned counsel for the petitioner further submits that the challan in the case has already been filed and there is only one criminal antecedents against the petitioner in which also the petitioner is acquitted. Moreover, the conclusion of trial will take sufficiently long time and even the offences are triable by a Magistrate, therefore, he prays that the petitioner No.1 Kitwa S/o Ikrar may be enlarged on bail as the accused is in custody since
29.04.2026.
5. Learned Public Prosecutor vehemently opposes the bail application.
6. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.
7. Without expressing any opinion on the merits and demerits of the case and upon a consideration of the arguments advanced and particularly the fact that the challan has been filed and offences are triable by Magistrate, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
8. Consequently, the bail application qua accused-petitioner - Kitwa S/o Ikrar is allowed. It is ordered that the accused petitioner arrested in connection with F.I.R. No.48/2026, Police Station Lambharisingh District Tonk , shall be released on bail; provided he furnishes 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 to appear before that Court on all dates of hearing and
[2026:RJ-JP:24852] (3 of 3) [CRLMB-8273/2026] as and when called upon to do so till the completion of the trial and with additional following conditions: (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (iii) The petitioner 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),J 40/JUBIN