CRLMB/10212/2026 of ROHIT GURJAR S/O SHRI NARAYAN Vs STATE OF RAJASTHAN on 19 August 2026

1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 20.06.2026 passed by the learned Additional Sessions Judge No.1 Kishangarh (Ajmer), in Criminal Misc. Case No.195/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.108/2023, Police Station-Kishangarh, District-Ajmer for the offences under Section 323, 341, 324, 307 & 34 of BNS, 2023.

2. Learned counsel for the petitioner submits that the petitioner is in custody since 15.06.2026. He further submits that the challan in the case has already been filed and the conclusion of trial will take sufficiently long time. He also submits that the petitioner has not been named in the FIR and that the main allegation is against

(2 of 3) [CRLMB-10212/2026] one Khusiram of inflicting an injury by a sword on the victim. He also submits that there is no specific overt act attributed to the petitioner and since the petitioner is not named in the FIR or even in the statement recorded under Section 161 Cr.P.C., there is no role attributed to the petitioner. He also submits that the petitioner has been made an accused only on the basis of the statement of the co-accused. Learned counsel for the petitioner submits that only one criminal case is reported to be pending against the petitioner and the co-accused Khusiram has already been enlarged on bail. Therefore, he prays that the petitioner may be enlarged on bail.

3. Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the present bail application.

4. Learned counsel for the complainant fairly submits that he has not challenged the grant of bail to co-accused Khusiram on merits, but the bail cancellation application is pending on account of the subsequent conduct of Khusiram.

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

6. Without expressing any opinion on the merits of the case and upon consideration of the fact that the petitioner is in custody since 15.06.2026; the challan has been filed; trial will take considerable time and further considering the fact that the petitioner has not been named in the FIR nor in the statement recorded under Section 161 Cr.P.C., no overt act has been assigned to the petitioner, the main accused Khusiram has already been enlarged on bail even though his bail cancellation application

(3 of 3) [CRLMB-10212/2026] is pending before this Court, on ground of the subsequent conduct of the accused and not on the ground of grant of bail on merits, therefore, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely-Rohit Gurjar S/o Shri Narayan arrested in connection with F.I.R. No.108/2023, Police Station-Kishangarh, District-Ajmer, 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 that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions:

(i) The petitioner shall not leave country without the permission of the Court;

(ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

(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 Sudha/27