Rajasthan High Court
CRLMB/9456/2026 of NIRDESH S/O BHAGWAN SINGH Vs STATE OF RAJASTHAN on 29 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9456/2026 CNR: RJHC020570442026 | URN: CRLMB / 17490U / 2026 Nirdesh S/o Bhagwan Singh, Aged About 39 Years, R/o Kotki, Police Station Bhusawar, District Bharatpur (Raj.). (At Present Confined In Sub Jail
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9456/2026
CNR: RJHC020570442026 | URN: CRLMB / 17490U / 2026
Nirdesh S/o Bhagwan Singh, Aged About 39 Years, R/o Kotki, Police Station Bhusawar, District Bharatpur (Raj.). (At Present Confined In Sub Jail Bayana, District Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s)
:
Mr. Rajeev Kumar Sogarwal with
Mr. Hitesh Haritwal,
Ms. Ayushi Choudhary,
Mr. Pawan Kumar
For State
For Respondent(s)
:
:
Mr. Naresh Gupta, P.P.
Mr. Rajneesh Gupta
HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order
29/07/2026
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1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 09.06.2026 passed by the learned Additional Sessions Judge, Weir, District Bharatpur (Raj.), in Criminal Misc. Case No.117/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.100/2026, Police Station Weir, District Bharatpur for the offences under Sections 115(2), 126(2), 117(2), 109(1), 3(5) of the BNS, 2023.
2. Learned counsel for the petitioner submits that the challan in the case has already been filed. Moreover, the conclusion of trial will take sufficiently long time and except the offence under
(2 of 4) [CRLMB-9456/2026] Section 109 BNS, 2023, all the other offences are triable by a Magistrate.
3. Learned counsel for the petitioner further submits that, in the F.I.R. as well as in the statements, the injuries suffered by Kewal Ram have been alleged to have been inflicted by Nirdesh Kumar and others. However, these are general allegations and do not attribute any specific allegation against Nirdesh Kumar or any other accused. He further submits that the petitioner has remained in custody for a period of three months. He fairly concedes that certain criminal cases are reported to be pending against the present petitioner. Nevertheless, he submits that the petitioner is willing to abide by any stringent conditions that this Hon'ble Court may deem fit to impose while granting the benefit of bail. Therefore, he prays that the petitioner may be enlarged on bail as the accused is in custody since 28.04.2026.
4. Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposes the bail application.
5. Heard learned counsel for the petitioner, learned counsel for the complainant 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 the offence under Section 109 BNS, 2023 all the other offences are triable by Magistrate; the conclusion of trial is likely to take a considerable time; the factum of incarceration of more than three months; pendency of cases against the petitioner, this Court is of the
(3 of 4) [CRLMB-9456/2026] opinion that the bail application filed by the petitioner deserves to be accepted, subject to imposition of stringent conditions.
7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely- Nirdesh S/o Bhagwan Singh arrested in connection with F.I.R. No.100/2026, Police Station Weir, District Bharatpur, 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; and
(iv) In the event the petitioner is found involved in any other case of similar nature in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted herein.
(v) The accused-petitioner shall mark his presence before the concerned police station once in a month as fixed by the Investigating Officer and a register shall be maintained for the same by Investigating Officer.
(vi) In case of any change of residential address, the accused-petitioner shall immediately inform the Investigating Officer as well as the trial Court. (BIPIN GUPTA),J
(4 of 4) [CRLMB-9456/2026] 34/KRATIKA