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2026 Supreme(Online)(Raj) 3210
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Praveer Bhatnagar, J
SUNNY S/O SH. KAMAL SINGH NAYAK – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 1348/2026|S.B. Criminal Miscellaneous 2nd Bail Application No. 1349/2026|S.B. Criminal Miscellaneous 3rd Bail Application No. 1884/2026
For the Appellants/Petitioners: Manjeet Kumar
For the Respondents: Devi Singh, Manju Dave
Bail may be granted where the accused has no criminal antecedents, the charge-sheet has been filed, and the implication under non-bailable sections (such as organized crime) is questionable or not supported by specific allegations in the FIR.
Headnote:The petitioners sought bail under Section 483 of BNSS, 2023, in connection with FIR No. 332/2025 for offences under Sections 308(2), 308(6), and 61(2)(a) of BNS. It was submitted that the petitioners were not named in the FIR and that the charge-sheet included bailable offences under Sections 308(6), 308(7), and 318(2) of BNS. The court noted the absence of criminal antecedents and questioned the applicability of Section 112(2) regarding organized crime. The primary issue was whether the petitioners were entitled to bail given the nature of the charges and the stage of the investigation. The court reasoned that since several charges are bailable, the petitioners have no prior criminal record, and the FIR contained no specific allegations against them, custodial interrogation is no longer required following the filing of the charge-sheet. Accordingly, these Bail Applications are hereby allowed.
| Table of Content |
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| 1. petitioners seek bail based on lack of criminal history, bailable nature of charges, and absence of names in the fir. (Para 1 , 2 , 3) |
| 2. court considers lack of antecedents and the questionable nature of organized crime charges as grounds for bail. (Para 4) |
| 3. grant of bail subject to personal bonds, sureties, and specific conduct conditions. (Para 5) |
Order
1. These criminal miscellaneous bail applications have been filed by the petitioners under Section 483 of BNSS, 2023 in respect of FIR No.332/2025, registered at Police Station Mundawar, District Khairthal-Tijara for the offences punishable under Sections 308(2), 308(6) and 61(2)(a) of BNS.
2. It is submitted by learned counsel for the petitioners that the names of the accused petitioners do not find mention in the FIR. It is further submitted that after investigation, the charge-sheet has been filed against all the accused persons under Section 308(6), 308(7), 318(2), 112(2) and 61(2)(a) of BNS, 2023. So far as the offences under Section 308(6), 308(7), and 318(2) of BNS are concerned, they are bailable in nature. It is submitted that there are no criminal antecedents against the petitioners and they are not involved in any other criminal case, therefore, filing of the charge-sheet against them under Section 112(2) for committing organized crime is not tenable in view of the definition of organized crime given in Section 111 of BNS. Hence, by no stretch of imagination, the petitioners fall within the ambit of the definition of offenders of organized crime. Learned counsel also submits that the petitioners are behind the bars since 03.09.2025 and after completing the investigation, the charge-sheet has already been filed, therefore, they are no longer required for any custodial interrogation. Hence, a prayer has been made to enlarge the petitioners on bail.
3. Learned Public Prosecutor has vehemently opposed these bail applications.
4. Having heard learned counsel for the petitioners as well as learned Public Prosecutor and after considering the fact that so far as the offences under Section 308(6), 308(7) and 318(2) of BNS are concerned, they are bailable in nature and there are no criminal antecedents against the petitioners, their implication for offence under Section 112(2) of BNS is also under question as well as the fact that in the FIR, specific allegations are only against named accused and nobody else, this Court, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioners on bail.
5. Accordingly, these Bail Applications are hereby allowed. The accused-petitioners namely;
1. Sunny S/o Sh. Kamal Singh Nayak, 2. Priyanka @ Annu W/o Sanni and 3. Sunil @ Dholiya S/o Chiranjilal Saini, shall be released on bail in pursuance of FIR No.332/2025 registered at Police Station Mundawar, District Khairthal- Tijara on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs. 50,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:—
(i) They shall not tamper with any evidence, nor shall they influence the witnesses in the case.
(ii) They shall not leave the country without prior permission of the Court.
(iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court.
