Citation : 2026 Latest Caselaw 4972 Raj
Judgement Date : 1 April, 2026
[2026:RJ-JD:15048]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1556/2026
Keshu Ram S/o Narayan Ram, Aged About 38 Years, Resident Of
Givarsar Police Station Sandwa District Bikaner (At Present
Lodged In Central Jail Bikaner.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Hathi Singh Jodha, P.P.
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
01/04/2026
1. The jurisdiction of this Court has been invoked by way of
filing an application under Section 483 B.N.S.S. at the instance of
accused-applicant. The requisite details of the matter are
tabulated herein below:
S.No. Particulars of the Case
2. Concerned Police Station Jasarasar
3. District Bikaner
4. Offences alleged in the FIR 115(2), 126(2),
109(1), 117(2), 190,
191(2), 191(3),
61(2) of BNS
5. Offences added, if any -
6. Date of passing of impugned 12.01.2026
order
2. Learned counsel for the applicant-accused has contended
that the applicant is innocent and has played no role in the alleged
offence. It is submitted that, as per the FIR in question, the
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allegation is that the applicant, along with others, while hatching a
criminal conspiracy, forcibly entered the agricultural field using a
Messi-241 tractor with the intention to commit the murder of
Puranmal (brother of the complainant) and Urmila (sister of the
complainant), and ran the tractor over them. As a result,
Puranmal allegedly sustained grievous injuries to his ribs and leg,
while Urmila also suffered injuries.
2.1 Learned counsel for the applicant has argued that the entire
genesis of the F.I.R. is false and allegations have been levelled in
exaggerated and concocted manner. It is further submitted that,
after a thorough investigation, the Investigating Officer has filed
the challan, wherein the allegation of forcibly entering the
complainant's agricultural field has not been found proved against
applicant-accused. It is contended that the applicant-accused was
merely passing through a path towards his own field and the same
was duly reflected in the site map. Learned counsel has further
argued that the medical report does not support the allegation of
tractor being ran over the victim and Urmila. Even as per medical
report though two injuries were found dangerous to life, but the
same were in form of swelling and fractures which are not
consistent with the alleged manner of assault. As such no crush
injuries were found. Therefore, the continued incarceration of the
applicant is unwarranted.
2.2 It is also submitted that challan in the matter is already filed
and trial is likely to take a considerable amount of time to
conclude. In light of these circumstances, learned counsel for the
applicant-accused has prayed that the applicant be granted bail on
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such terms and conditions as this Hon'ble Court may deem fit and
proper, and has assured that the applicant shall abide by all such
conditions.
3. Per contra, learned Public Prosecutor has opposed the bail
application and submitted that, as per the medical report, two
injuries on the chest of the victim have been found to be grievous
in nature and dangerous to life. It is further submitted that, in
view of the seriousness of the allegations and the nature of
injuries sustained, the present case is not a fit one for granting
bail to the accused.
4. Heard the learned counsel for the parties and perused the
materials available on record.
5. So far as the allegations levelled in the FIR against the
applicant-accused are concerned, even if taken at face value, it
suggest that the incident in question occurred as a result of a
quarrel that took place in the spur of the moment while the
applicant-accused was passing through a path running through
complainant's field through tractor. Even as per the contents of the
FIR, the bodily injuries are alleged to have been caused by a
tractor, which indicates that no weapon, as such, was used for
inflicting the alleged injuries.
6. Although allegations have been made that the tractor was
run over Puranmal and Urmila, however, the medical report
indicates that the injuries sustained by Urmila are simple in
nature; moreover, no crush injuries were found on Puranmal
despite the said allegations. Thus, considering the fact that the
applicant-accused has been in custody since 25.12.2025; that the
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investigation qua the applicant-accused has been completed and
the challan has already been filed; and that the trial is likely to
take a considerable amount of time to conclude, this Court is of
the view that no useful purpose would be served by keeping the
applicant-accused in detention for an indefinite period.
Accordingly, without commenting on the merits or demerits of the
case, this Court deems it appropriate to grant the benefit of bail to
the applicant-accused at this stage.
7. Accordingly, instant bail application under Section 483
B.N.S.S. is allowed and it is ordered that the applicant-accused -
Keshu Ram S/o Narayan Ram shall be enlarged on bail;
provided he furnishes a personal bond in the sum of Rs. 50,000/-
with two sureties of Rs. 25,000/- each to the satisfaction of the
learned trial Judge for his appearance before the Court concerned
on all the dates of hearing as and when called upon to do so till
the completion of trial.
(SANJEET PUROHIT),J 28-shashikant/-
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