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[2026:RJ-JD:22942]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 3793/2026

Chandan Singh S/o Shri Dalpat Singh, Aged About 40 Years,

Resident Of Village Khakhareada Ps Swaroop Ganj District Sirohi

Raj. (Presently Lodged In Sub Jail Aburoad)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. S.S. Rathore

For Respondent(s) : Ms. Sonu Manawat, PP

Mr. J.P. Bhardwaj

Mr. Hemant Joshi

HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

13/05/2026

Heard learned counsel for the parties and perused the

material available on record.

The petitioner has been arrested in connection with FIR No.

288/2025 registered at Police Station Swaroopganj, District Sirohi,

for offences punishable under Sections 108, 115(2), 126(2),

324(2), and 3(5) of the BNS. He has preferred the present bail

application under Section 483 of the BNSS.

Learned counsel for the petitioner submits that the principal

allegation against the petitioner is under Section 108 of the BNS.

The investigation in the matter is complete and the

charge-sheet/challan has already been filed. The petitioner is in

judicial custody since 07.03.2026. It is submitted that a bare

reading of the FIR does not disclose the commission of an offence

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under Section 108 of the BNS. According to the prosecution case,

the deceased committed suicide on account of the allegation that

the petitioner and his brother had surrounded and assaulted him

and further threatened to disclose his alleged relationship with his

wife in the village. Being aggrieved by the incident, the deceased

allegedly committed suicide. Learned counsel submits that, prima

facie, the ingredients of Section 108 are not made out and the

petitioner has been falsely implicated in the present case. It is

further submitted that the conclusion of the trial is likely to take a

considerable amount of time.

Per contra, learned Public Prosecutor as well as learned

counsel for the complainant have vehemently opposed the bail

application.

This Court has considered the facts and circumstances of the

case. This Court finds that the challan has been filed against the

petitioner under Section 108, 126(2), 115(2), 324(2) and 3(5) of

the BNS. Except Section 108 BNS all other provisions are bailable.

So far as the FIR and other documents available on record are

concerned, the allegations are that the deceased was beaten by

the petitioner and his brother and was threatened that defamatory

statements regarding him would be spread in the village. Apart

from that there are no other allegations regarding instigation on

the petitioner. The material is to be examined by the learned trial

Court during the course of trial, so as to see whether, the material

fulfills the ingredients of Section 108 BNS.

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Considering that the conclusion of the trial is likely to take

time, and further considering that the prosecution has not shown

any apprehension of the petitioner fleeing from justice or

tampering with evidence if enlarged on bail, this Court, without

expressing any opinion on the merits of the case, deems it just

and proper to grant bail to the petitioner under Section 483 of the

BNSS. The evidence shall be appreciated by the learned trial Court

during the course of trial.

Accordingly, the bail application filed under Section 483 of

the BNSS are allowed. It is directed that the petitioner—

Chandan Singh S/o Shri Dalpat Singh shall be released on bail

in connection with FIR No. 288/2025 registered at Police Station

Swroopganj, District Sirohi, if not wanted in any other case,

provided that he execute a personal bond in the sum of Rs.

50,000/- along with two sound and solvent sureties of Rs.

25,000/- each, to the satisfaction of the learned trial court, for his

appearan