SHARVAN KUMAR BIJARNIYA v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: SANDEEP SHAH
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-10. SHARVAN KUMAR BIJARNIYA v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:37954] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Miscellaneous Bail Application No. 10391/2026 CNR: RJHC010755842026 | URN: CRLMB / 22704U / 2026 Pritesh Kumar S/o Nemichand, Aged About 20 Years, R/o Puran Choti, Police Station Dhodh, District Sikar, Rajasthan Presently In District Jail Nagaor. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S. B. Criminal Miscellaneous Bail Application No. 9846/2026 CNR: RJHC010733292026 | URN: CRLMB / 21526U / 2026 Sharvan Kumar Bijarniya S/o Shri Bhinvaram, Aged About 27 Years, Vijay Pura Khood PS Losal District Sikar Rajasthan (Lodged In District Jail Nagaur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Bishnoi Mr. Manoj Kumar For Respondent(s) : Mr. Surendra Bishnoi, PP HON'BLE MR. JUSTICE SANDEEP SHAH Order 10/08/2026 1.
The applicants have filed the present bail applications under Section 483 of BNSS being aggrieved against the order dated 23. 07. 2026 passed in Criminal Miscellaneous Case No. 463/2026 "Pritesh Kumar S/o Nemichand vs. State of Rajasthan" and order dated 20. 07. 2026 passed in Criminal Miscellaneous Case No. 457/2026 "Sharvan Kumar Bijarniya S/o Shri Bhinvaram vs. State [2026:RJ-JP:37954] (2 of 3) [CRLMB-10391/2026] of Rajasthan" by the learned Additional Sessions Judge No. 1, Nagaur, District Nagaur (Rajasthan), whereby the bail applications filed by the accused-applicants under Section 483 of B. N. S. S. were rejected. The accused-applicants are behind the bars, pursuant to the F. I. R. No. 76/2026 registered at Police Station Mundwa, Nagaur for the offences punishable under Sections 308(2), 303(2), 115(2), 3(5) and 62 of BNS. 2. Learned counsel for the applicants submit that the offences alleged are triable by the Court of Magistrate.
They further submit that no injury has been found on the body of the complainant and further assert that the applicants have no criminal antecedents. They further submit that the applicants are behind the bars since the second week of July, 2026. They, therefore, implore this Court to allow the present bail applications. 3. Per contra, learned Public Prosecutor opposes the bail applications and submits that the statement of the complainant are clear and fortify the fact of commission of the offence in question. Therefore, the applicants do not deserve to be enlarged on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5.
Having considered the arguments advanced by learned counsel for the parties and having regard to the facts and circumstances of the case, more particularly the facts that the offences alleged are triable by the Court of Magistrate, there being no injury upon the body of the complainant, the applicants having no criminal antecents, they are behind the bars since second week [2026:RJ-JP:37954] (3 of 3) [CRLMB-10391/2026] of July, 2026, no recovery is to be made from the applicants and the trial of the case will take sufficiently long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the accused-applicants on bail. 6. Consequently, the bail applications under Section 483 B. N. S. S. are allowed. It is ordered that the accused-applicants (1) Pritesh Kumar S/o Nemichand and (2) Sharvan Kumar Bijarniya S/o Shri Bhinvaram, arrested in connection with F. I. R. No.
76/2026 registered at Police Station Mundwa, Nagaur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each, to the satisfaction of learned Trial Court, for their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial. 7. It is further, made clear that findings recorded/observations made herein-above are for limited purposes of adjudication of bail applications and the same shall not prejudice the trial of the case in any manner. (SANDEEP SHAH),J 31-32/Charul Gakhar
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