Kailash vs State Of Rajasthan (2026:Rj-Jd:5929)
2026 Latest Caselaw 1466 Raj

Rajasthan High Court - Jodhpur

Kailash vs State Of Rajasthan (2026:Rj-Jd:5929) on 2 February, 2026

[2026:RJ-JD:5929]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 970/2026

Kailash S/o Khema, Aged About 23 Years, Kailash Son Of Khema,
Aged About 23 Years, Resident Of Shivpuri Chirva, Police Thana
Sukher, District Udaipur Raj.. (Presently Lodged At Central Jail
Udaipur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. JVS Deora
For Respondent(s)        :     Mr. Hanuman Singh, PP



              HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

02/02/2026

1. This application for bail has been filed by the petitioner under

Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection

with FIR No. 650/2025 dated 27.11.2025, Police Station Sukher,

District Udaipur, for the offences under Sections 115(2), 126(2),

191(3)and 333 of BNS, 2023.

2. Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in the case and false allegations have

been levelled against him. While referring to the statement of

injured recorded under Section 180 of the BNSS he submits that

injured has specifically levelled the allegation of causing injury on

co-accused Mithalal. In the said statement, there is no specific

allegation against the petitioner. The petitioner is in judicial

custody since 11.12.2025. As per the injury report, the injuries do

not appear to be dangerous to life and the trial will take

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sufficiently long time, therefore, he deserves to be enlarged on

bail.

3. Learned Public Prosecutor vehemently opposes this bail

application however, is not in a position to refute the fact that

there is no specific allegation of causing injury against the

petitioner in the statement recorded under Section 180 of the

BNSS.

4. Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the material available on record.

5. Having considered the rival submissions, facts and

circumstances of this case and after perusing the case challan so

also the fact that no specific allegation has been made against the

petitioner in the statement of injured under Section 180 BNS, in

the considered opinion of this Court, no fruitful purpose would be

served by keeping him behind the bars for an indefinite period as

the trial will take sufficiently long time. Thus, without expressing

any opinion on merits/demerits of the case, this Court is of the

opinion that the bail application filed by the petitioner deserves to

be accepted.

6. Accordingly, the bail application filed under Section 483 of

BNSS is allowed. It is ordered that petitioner- Kailash S/o

Khema, shall be released on bail in connection with the aforesaid

FIR; provided he executes personal bond in the sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

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.

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7. It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The trial court shall not get prejudiced by the same.

(SUNIL BENIWAL),J 134-AbhishekK/-

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