Citation : 2026 Latest Caselaw 3146 Raj
Judgement Date : 24 February, 2026
[2026:RJ-JD:9791]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1438/2026
1. Sachin Kumar S/o Ram Lal, Aged About 22 Years, R/o
Gumanpura Phala Lambi Ved Police Station Kalyanpur
District Udaipur. (At Present Lodged In District Jail
Dungarpur)
2. Vikaram S/o Babu Lal, Aged About 20 Years, R/o Jaipura
Police Station Kalyanpura District Udaipur. (At Present
Lodged In District Jail Dungarpur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Hanuman Singh, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
24/02/2026
1. This application for bail has been filed by the petitioners
under Section 483 of BNSS (old Section 439 of Cr.P.C.). The
requisite details of the matter are tabulated herein below:
S.No. Particulars of the Case
2. Date of lodging FIR 06.01.2026
3. Concerned Police Station Kalyanpur(Udaipur)
4. District Udaipur
5. Offences alleged in the FIR 309(6) and 3(5) of BNS,
6. Offences added, if any 310(2) and 111(2)(b) of
BNS, 2023
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[2026:RJ-JD:9791] (2 of 3) [CRLMB-1438/2026]
2. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case and false
allegations have been levelled against them. The offences alleged
against the petitioners in the FIR are triable by Magistrate. He also
submits that there is no criminal antecedents against petitioner
No.1 and there is only one case pending against petitioner No.2;
investigation has already been completed and challan has been
filed. The petitioner No.1 is in judicial custody since 10.01.2026
and petitioner No.2 is in judicial custody since 11.01.2026 and the
trial will take sufficiently long time, therefore, they deserve to be
enlarged on bail.
3. Learned Public Prosecutor vehemently opposes this bail
application, however, not in a position to refute the fact that
offences alleged against the petitioners are triable by Magistrate.
4. Heard learned counsel for the petitioners 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 challan so also
the fact that the offences alleged against the petitioners are
triable by Magistrate; investigation has already been completed
and challan has been filed; the petitioner No.1 is in judicial
custody since 10.01.2026 and petitioner No.2 is in judicial custody
since 11.01.2026, in the considered opinion of this Court, no
fruitful purpose would be served by keeping the petitioners 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 petitioners deserves to be accepted.
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[2026:RJ-JD:9791] (3 of 3) [CRLMB-1438/2026]
6. Accordingly, the bail application filed under Section 483 of
BNSS is allowed. It is ordered that petitioners- Sachin Kumar S/
o Ram Lal and Vikaram S/o Babu Lal, shall be released on bail
in connection with the aforesaid FIR; provided they execute
personal bond in the sum of Rs.50,000/- each with two sound and
solvent sureties of Rs.25,000/- each to the satisfaction of learned
trial Court for their appearance before that court on each and
every date of hearing and whenever called upon to do so till the
completion of the trial.
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 16-AbhishekK/-
(Uploaded on 24/02/2026 at 01:26:20 PM)
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