Barbdivya vs State Of Rajasthan - 2026 Supreme(Online)(Raj) 19110

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2026 Supreme(Online)(Raj) 19110

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Ashok Kumar Jain, J
Barbdivya – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 9086/2026

Important Points

Bail may be granted where investigation is complete, the accused has no criminal antecedents, and there is no evidence of mens rea or prior acquaintance between the parties in an accident case.

Subject

Criminal Law - Bail Application

Act Referred

Bharatiya Nagarik Suraksha Sanhita: S.483
Bharatiya Nyaya Sanhita, 2023: S.281, S.125(a), S.110

Headnote

The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with an FIR registered under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita (BNS), 2023, involving an accident resulting from performing stunts on a public road. The applicant contended false implication, alleging that the complainant and his son were filming social media 'reels' and that the accident occurred as part of a staged drama, noting that the complainant is a police officer. The court examined whether the applicant was required further for investigation and the existence of mens rea. The court observed that the investigation was complete, the applicant had no criminal antecedents, and there was no prior acquaintance between the parties suggesting intent. Thus, the instant bail application filed on behalf of applicant-accused Barbdivya S/o Swaroop Singh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court.

Advocates:
For the Appellants/Petitioners: R.S. Choudhary, Rakesh Dhaka, Nitin Meel, Amit Saran
For the Respondents: Narendra Gehlot, Omprakash Choudhary

Table of Content
1. factual background of the fir and charges under bns for public road stunts. (Para 1 , 6)
2. arguments regarding false implication and the role of social media reels in the incident. (Para 2 , 3 , 4)
3. grant of bail based on lack of mens rea and completion of investigation. (Para 5 , 7)
4. conditions for release on bail and bond requirements. (Para 8)
5. court's directive for inquiry into police officer's misconduct regarding social media usage. (Para 9 , 10)

Order

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Barbdivya S/o Swaroop Singh seeking bail in respect of a criminal case registered as FIR No.357/2026 dated 21.05.2026 registered at P.S. Hanumangarh Town, District - Hanumangarh, for the offence under Sections 281 & 125(a) of BNS, 2023.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for the applicant submitted that the complainant and his son they are in habit to prepare the reels and upload them on their social media account so as to impress and attract followers. He also submitted that on date of incident when complainant, who was working as C.I. Traffic, has stopped the car and making reel all of sudden son of the complainant has jumped in front of vehicle as part of drama story of reel, then he faced with an accident. He submits that the complainant and his son are active on social media and they are preaching others. He further submitted that the report registered by a complainant also indicate that the complainant on basis of information reached to the spot and intercepted a driver from performing stunt on public road and all of sudden his son also reached there, which may not be a coincidence. He also submitted that there is delay in filing the case whereas the complainant is a Police Officer.

4. Aforesaid contentions were opposed by learned Public Prosecutor.

5. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. On 21.05.2026 complainant Anil Kumar, C.I. Traffic Branch, Hanumangarh, has lodged a report about alleged incident of 19.05.2026 against unknown Audi Car driver for performing stunt on public road resulting in injury to his son Lakshya. After registration of FIR No.357/2026 at Police Station Hanumangarh Town, Hanumangarh for offence under Sections 281 and 125(a) of BNS, 2023 the Police has investigated the matter and during investigation charge under Section 110 of BNS, 2023 was added. Present applicant is arrested on 23.06.2023, and there is no criminal antecedent against him. The injures are as result of act by vehicle and the injured and the present applicant were not known to each other before the incident, and there is no mens rea behind the incident.

7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused.

8. Thus, the instant bail application filed on behalf of applicant-accused Barbdivya S/o Swaroop Singh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

(i) The appli