CRLMB/11856/2026 of ROSHAN GADHWAL S/O SHRI RAMWATAR Vs THE STATE OF RAJASTHAN on 9 September 2026

Order

09/09/2026

1. The petitioners have filed these bail applications under Section 483 of BNSS in FIR No.40/2026 registered at Police Station Raisar, District Jaipur Rural for offences under Sections 189(2), 115(2), 126(2), 140(3), 127(2), 307, 308(2) and 351(2) of BNS, 2023.

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2. Since both these bail applications arise out of common FIR, hence, they are being decided by this common order.

3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record.

4. Learned counsel for the petitioners contends that the petitioners have falsely been implicated in these cases. He submits that the petitioners have not been named in the FIR. He further submits that no Test Identification Parade (TIP) was conducted during the investigation. He contends that the FIR was lodged after an unexplained delay of two days. He also submits that the injured-Dilkhush did not sustain any grievous injuries. He contends that co-accused Pankaj and Manoj have been enlarged on bail by this Court on 13.07.2026. Petitioners are behind the bars since 21.04.2026 though eight cases against petitioner No.1 and ten cases against petitioner No.2 have been reported, however, in all cases they are already on bail. Charge-sheet has already been filed. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody and on the ground of parity with co-accused, the bail applications deserves to be allowed.

5. Learned Public Prosecutor has vehemently opposed the bail applications of the petitioners.

6. On consideration of the rival submissions and material available on record and in the light of submissions made by learned counsel for the petitioners but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners.

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7. Consequently, the bail applications under Section 483 B.N.S.S. are allowed and it is directed that the petitioners Roshan Gadhwal S/o Shri Ramwatar & Amar Singh Choudhary S/o Shri Simbhudayal Jat, be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that each of them shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Rashmi/103-104