Shayari W/O Late Kamnath Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2026)

Shayari W/O Late Kamnath Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Release on bail of accused-petitioner Shayari W/o Late Kamnath on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court, with stipulation to appear on all dates of hearing till completion of the trial, and subject to conditions: no departure from the country without Court's permission; no commission of similar offence; no inducement, threat or promise to any person acquainted with the facts or tampering with evidence.

Issue for consideration

Whether the accused-petitioner, in judicial custody since 16.05.2026 in connection with F.I.R. No.101/2026 (P.S. Gegal, Ajmer) for offences under Sections 189(2), 140(3), 115(2), 127(2), 119(1), 352, 133, 303(2) BNS 2023, should be enlarged on bail under Section 483 BNSS, 2023, her earlier bail application having been rejected by the trial court.

Court's answer

The bail application is allowed and the accused-petitioner Shayari W/o Late Kamnath, arrested in connection with F.I.R. No.101/2026, Police Station Gegal, Ajmer, is ordered to be released on bail, the Court acting without expressing any opinion on the merits, in view of the compromise between the parties, the complainant/victim having no objection, and the offences being triable by a Magistrate.

Ratio / Principle

Release is conditional on furnishing 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 stipulation to appear before that Court on all dates of hearing till completion of the trial, and subject to additional conditions: (i) not leaving the country without permission of the Court; (ii) not committing a similar offence; and (iii) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure, or tampering with the evidence.

Detailed headnote1 paragraphs

Bail granted under Section 483 BNSS, 2023 - Shayari W/o Late Kamnath (aged about 70 years), accused in F.I.R. No.101/2026, Police Station Gegal, Ajmer, for offences under Sections 189(2), 140(3), 115(2), 127(2), 119(1), 352, 133, 303(2) BNS of 2023, whose bail application had been rejected by the Additional District and Sessions Judge No.4, Ajmer (order dated 26.05.2026), enlarged on bail by the High Court without expressing any opinion on the merits, in view of the compromise entered into between the parties, the complainant/victim having no objection to bail, and the offences being triable by a Magistrate; petitioner in judicial custody since 16.05.2026. Release directed on furnishing a personal bond of Rs.1,00,000/- (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, with stipulation to appear on all dates of hearing and additional conditions barring departure from the country without permission, commission of similar offences, and inducement/threat/promise to witnesses or tampering with evidence.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 8898/2026 URN: CRLMB / 16328U / 2026

Shayari W/o Late Kamnath, Aged About 70 Years, R/o Indra Colony Beer, Police Station Shri Nagar, District Ajmer (Raj.) (At Present Accused Petitioner Confined In Ajmer Jail)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Kuldeep Kumar Sharma For Respondent(s) : Mr. Vivek Sharma, AGA Mr. Govind Upadhyay

HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment / Order

06/07/2026

The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 26.05.2026 passed by learned Additional District and Sessions Judge No.4, Ajmer, in Bail Application No.599/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.101/2026, Police Station Gegal, Ajmer, for the offences under Sections 189(2), 140(3), 115(2), 127(2), 119(1), 352, 133, 303(2) BNS of 2023.

Learned counsel for the petitioner submits that the he has been falsely implicated in the case. Learned counsel Mr. Govind Upadhyay appears as counsel for the complainant/victim and submits that the parties have entered into a compromise and

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complainant/victim has no objection if the bail is granted to the petitioner.

Learned counsel for the petitioner further submits that the conclusion of investigation/trial will take sufficiently long time and even the offences are triable by a Magistrate. He, therefore, prays that the petitioner may also be enlarged on bail, particularly in view of the fact that he has been in judicial custody since 16.05.2026.

Learned Public Prosecutor vehemently opposes the bail application.

Heard learned counsel for the petitioner and learned Additional Government Advocate learned counsel for complainant/victim and perused the material available on record. 6. Without expressing any opinion on the merits and demerits of the case and upon a consideration of the arguments advanced that the offences are triable by Magistrate, the parties have entered into a compromise and complainant/victim has no objection if the bail is granted to the petitioner, therefore, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed . It is ordered that the accused-petitioner - Shayari W/o Late Kamnath arrested in connection with F.I.R. No.101/2026, Police Station Gegal, 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

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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

105/JUBIN