BHAVIK VYAS v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: SUNIL BENIWAL
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-10. BHAVIK VYAS v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:38109] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Miscellaneous Bail Application No. 10450/2026 CNR: RJHC010791102026 | URN: CRLMB / 22808U / 2026 Bhavik Vyas S/o Jagdish Vyas, Aged About 28 Years, Resident Of Paloda, Police Station Lohariya, District Banswara (Rajasthan) (At Present Lodged In District Jail Banswara) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Lalit Kishor Sen, PP HON'BLE MR. JUSTICE SUNIL BENIWAL Order 10/08/2026 1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr. P. C. ). The requisite details of the matter are tabulated herein below: S. No. Particulars of the Case 1. FIR Number 210/2026 2. Date of lodging FIR 14. 07. 2026 3. Concerned Police Station Sadar Banswara 4. District Banswara 5. Offences alleged in the FIR Sections 318(4), 316(5) and 61(2) of BNS. 6.
Offences added, if any Section 316(2) of BNS. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. He further submits that the offences [2026:RJ-JP:38109] (2 of 3) [CRLMB-10450/2026] are triable by Magistrate and the FIR was lodged on 14. 07. 2026 for the alleged incident which occurred on 23. 01. 2025. He also submits that there are no criminal antecedents against the petitioner and as a matter of fact, no offence, as alleged against the petitioner in the FIR, is made out. As per the contents of the FIR, the complainant was already appointed in Mahatma Gandhi School, Kupda and the dispute is with regard to non-payment of the salary. The petitioner is in judicial custody since 24. 07. 2026 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail. 3. Learned Public Prosecutor vehemently opposes this bail application. 4.
Heard learned counsel for the parties and perused the material available on record. 5. Having considered the rival submissions, facts and circumstances of this case so also considering the facts that there is delay of around one and a half year in lodging the FIR; the offences are triable by Magistrate; there are no criminal antecedents against the present petitioner; the complainant was already appointed in Mahatma Gandhi School, Kupda and that the prosecution has not expressed any apprehension qua the petitioner fleeing away from justice, in case he is enlarged on bail, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner 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, [2026:RJ-JP:38109] (3 of 3) [CRLMB-10450/2026] this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6.
Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner- Bhavik Vyas S/o Jagdish Vyas, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/-each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 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 57/Ajay Singh
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