Rajasthan High Court - Jodhpur
Pushkar Lal vs State Of Rajasthan (2026:Rj-Jd:7751) on 11 February, 2026
[2026:RJ-JD:7751]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1391/2026
Pushkar Lal S/o Bhimraj Bheel, Aged About 25 Years, Resident
Of Kiro Ka Oda Kiran Pur, Pasund, Police Thana Kelva, District
Rajsamand. Presently Lodged At District Jail Rajsamand
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 582/2026
1. Chhagan Lal S/o Prabhu Bheel, Aged About 43 Years, R/o
Goraji Bavji Mandir Ke Pass, Bhaana, Police Station Kankroli,
Tehsil And District Rajsamand, Rajasthan (Presently Lodged In
Dist. Jail Rajsamand)
2. Kishan Lal S/o Chhagan Lal Bheel, Aged About 20 Years, R/o
Goraji Bavji Mandir Ke Pass, Bhaana, Police Station Kankroli,
Tehsil And District Rajsamand, Rajasthan (Presently Lodged In
Dist. Jail Rajsamand)
3. Bharat S/o Late Shri Lehari Lal Bheel, Aged About 20 Years,
R/o Vaalra Colony, Bhaana, Police Station Kankroli, District
Rajsamand (Presently Lodged In Dist. Jail Rajsamand)
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 583/2026
Kailash S/o Mohan Lal Bheel, Aged About 29 Years, R/o Keero Ka
Oda, Kiran Pura, Pasund, Police Station Kelva District Rajsamand
(Presently Lodged In Dist. Jail Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. JVS Deora
Mr. Ansarul Hak Mansuri
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
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1. These applications for bail have been filed by the petitioners under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No. 195/2025 dated 17.08.2025, Police Station Kankroli, District Rajsamand for the offence under Sections 103(1), and 3(5) of BNS, 2023. After investigation, offences under Section 140(1) and 238(A) of the BNS, 2023 were added.
2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case and false allegations have been levelled against them. He further submits that co-accused Bharat has already been granted benefit of bail by a Coordinate Bench of this Court in SB Criminal Misc. Bail Application No. 14017/2025 vide order dated 26.11.2025; the role assigned to the present petitioners is in no manner distinguishable from the role assigned to co-accused Bharat. As a matter of fact, deceased Ogad was found to sustain one injury which resulted in death and the same allegation has been attributed to main accused Deepak. The petitioners are in judicial custody since 17.08.2025 and the trial will take sufficiently long time, therefore, they deserve to be enlarged on bail.
3. Learned Public Prosecutor vehemently opposes these bail applications. However, he is not in a position to refute the fact that the role assigned to the present petitioners is in no manner distinguishable from the role assigned to co-accused Bharat and deceased Ogad was found to sustain one injury which resulted in his death and the same has been attributed to main accused Deepak.
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4. Heard learned counsel for the petitioners and learned Public Prosecutor and perused the material available on record.
5. Having considered the rival submissions, facts and circumstances of this case and after perusing the challan so also the fact that the role assigned to the present petitioners is not distinguishable from the role assigned to co-accused Bharat who has been enlarged on bail by Coordinate Bench of this Court; the fact that deceased Ogad was found to sustain one injury which resulted in death and the same has been alleged to be caused by main accused Deepak, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioners behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioners- Pushkar Lal S/o Bhimraj Bheel, Chhagan Lal S/o Prabhu Bheel, Kishan Lal S/o Chhagan Lal Bheel, Bharat S/o Shri Lehari Lal Bheel and Kailash S/o Mohan Lal Bheel, shall be released on bail in connection with the aforesaid FIR; provided they execute personal bond in the sum of Rs.50,000/- each with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
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7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(SUNIL BENIWAL),J 62-64--Jatin/-
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