Roshan S/O Shivcharan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2026)

Roshan S/O Shivcharan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Accused-petitioner enlarged on bail subject to furnishing a personal bond of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge, for appearance before the Court concerned on all dates of hearing and as and when called upon.

Issue for consideration

Whether the accused-petitioner, alleged to have used a firearm in the incident, should be enlarged on bail under Section 483 BNSS where the injury reports show no firearm injury on the complainant side and the chargesheet has been filed.

Court's answer

On perusal of the challan papers and the injury reports of the injured persons from the complainant side, none of the injured persons sustained injury by firearm, notwithstanding the allegation that the accused-petitioner used a firearm.

Ratio / Principle

Taking overall facts into account, and in particular the absence of any firearm injury on the complainant party, the Court found it just and proper to enlarge the accused-petitioner on bail while expressly refusing to express any opinion on the merits or demerits of the case.

Key takeaways

The bail application under Section 483 BNSS is allowed; the accused-petitioner is to be enlarged on bail on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, to the satisfaction of the trial Judge, for appearance on all dates of hearing.ratio¶22

Detailed headnote1 paragraphs

Bail application under Section 483 of BNSS, 2023 arising out of FIR No.259/2025, Police Station Bari Sadar, District Dholpur, alleging offences under Sections 189(2), 189(4), 115(2), 126(2), 324(2) & 352 of BNS, 2023. Perusal of the challan papers and injury reports disclosed that none of the injured persons from the complainant side sustained any firearm injury, although the allegation against the accused-petitioner was of using a firearm. The accused was in custody since 03.12.2025 and the chargesheet had already been filed after completion of investigation. Holding that it was just and proper to release the accused on bail, without expressing any opinion on the merits, the Court allowed the application and ordered enlargement on a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Judge (Ganesh Ram Meena, J., 12/01/2026).

[2026:RJ-JP:1141]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 224/2026

Roshan S/o Shivcharan, R/o Khatane Ka Pura, Police Station Badi Sadar District Dholpur-Raj (At Present Confined In District Jail, Dholpur).

----Petitioner

Versus

State of Rajasthan, through PP

----Respondent

For Petitioner(s) : Ms. Tanisha Jain for Mr. Anil Jain For Respondent(s) : Mr. Sudesh Saini, Public Prosecutor Mr. Dhanjay Jain & Ms. Diksha Meena for complainant

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

12/01/2026

The instant bail application has been filed under Section 483 of BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.259/2025 registered at Police Station Bari Sadar, District Dholpur for the offences under Sections 189(2), 189(4), 115(2), 126(2), 324(2) & 352 of BNS, 2023.

Heard.

Considered the submissions made by counsel for the petitioner as well as learned Public Prosecutor assisted by counsel for the complainant and also perused the challan papers.

On perusal of the challan papers and the injury reports of the injured persons from the complainant side, it is revealed that none of the injured person has sustained injury by firearm. The accused-petitioner is in custody since 03.12.2025 and the Police

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[2026:RJ-JP:1141]

[CRLMB-224/2026]

after completion of investigation has already submitted chargesheet in the matter.

Taking into consideration overall facts and circumstances of the case and more particularly the fact that there is no firearm injury sustained by the complainant party though, the allegation against the accused-petitioner is of using firearm, this Court without expressing any opinion on the merits or demerits of the case deems just and proper to enlarge the accused-petitioner on bail.

Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

(GANESH RAM MEENA),J

Ashish Kumar /98