CRLMB/11388/2026 of SHRAVAN S/O GANGARAM GURJAR Vs STATE OF RAJASTHAN on 19 August 2026

1. State Of Rajasthan, Through Pp ---Respondent

2. Kavita Mali D/o Prem Chand Mali, Aged About 22 Years, R/o Kothari Mohalla, Arain, District Ajmer, Rajasthan. ---Complainant/Respondent For Petitioner(s) : Mr. Pradeep Sharma, Ms. Ranu Khangarot For Respondent(s) : Mr. Naresh Gupta, P.P. HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 19/08/2026

1. The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 16.07.2026 passed by learned Additional Sessions Judge No. 01, Kishangarh, District Ajmer, in Criminal Misc. Application No.234/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.96/2026, Police Station Arain, District Ajmer for the offences under Sections 110, 115(2), 126(2), 117(2), 189(2), 351(2), 352 of the BNS, 2023.

2. Learned counsel for the petitioner submits that the incident occurred at the spur of the moment when a drain was being con- structed by the complainant. When the petitioner objected to the

(2 of 3) [CRLMB-11388/2026] construction of the drain and asked the complainant to stop the same, the construction was initially stopped. However, subse- quently, the complainant again started the construction. When the petitioner reached the place and asked him to stop the construc- tion, Narendra Gurjar, brother of the complainant, arrived at the spot, and at that point of time, a fight took place between both the parties. He submits that there are no criminal antecedents against the accused-petitioner of having committed any offence of a similar nature or any other nature in the past. He submits that although some of the injuries are grievous in nature but none of the injuries has been opined to be dangerous to life; rather, the specific opinion of the Doctor is that the injuries are not dangerous to life. He also submits that one person from the side of the peti- tioner, namely, Vishram, had also sustained injuries.

3. Learned counsel for the petitioner submits that petitioner is in custody since 13.07.2026 and the challan in the case has already been filed. Moreover, the conclusion of the trial is likely to take a considerable period of time and, except for the offence under Section 110, BNS 2023 all the offences are triable by a Magistrate. Therefore, he prays that the petitioner may be enlarged on bail.

4. Learned Public Prosecutor vehemently opposes the bail application.

5. Heard learned counsel for the petitioner and 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 submissions advanced, and particularly the fact that challan has been filed; except for the offence under

(3 of 3) [CRLMB-11388/2026] Section 110, BNS 2023 all the offences are triable by a Magistrate; the incident took place at the spur of the moment during a dispute between the complainant side and the victim side over the construction of a drain; the conclusion of the trial is likely to take a considerable period of time; there are no criminal antecedents against the accused-petitioner of having committed any offence of similar nature or any other nature, this Court is of the opinion that the bail application deserves to be accepted.

7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Shravan S/o Gangaram Gurjar arrested in connection with F.I.R. No. 96/2026, Police Station Arain, 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 to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial and with additional following conditions:

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

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

(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 55/KRATIKA