In a significant order on Monday, the Supreme Court of India granted bail to a Rajasthan man accused of assaulting his elder brother, who later died during treatment. The bench noted that the accused had been in custody for nearly 15 months and that the trial was likely to take considerable time to conclude.
The order was passed by a Bench of Justice K.V. Viswanathan and Justice Manmohan while hearing a Special Leave Petition filed by Rohitash.
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Background of the Case
The case arose from an FIR registered on November 20, 2024, at Police Station Sarund in Kotputli-Behror district of Rajasthan. The complaint was filed by Uday Singh, who alleged that his brother, Khyali Ram, had been assaulted.
The FIR invoked several provisions of the Bharatiya Nyaya Sanhita, 2023 (India’s new criminal code) and sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
According to the prosecution, the incident occurred on the evening of November 17, 2024. Rohitash, along with an acquaintance named Pankaj, had gone out on a motorcycle to buy cigarettes. There, he allegedly found his elder brother Khyali Ram in an intoxicated condition and asked him to leave. When he did not, the petitioner allegedly slapped him two to three times.
The charge sheet states that Khyali Ram walked away toward a toll plaza. Later, when Rohitash and Pankaj were riding the motorcycle again, they allegedly saw him hiding behind a structure. It is alleged that Rohitash assaulted him again, placed him on the motorcycle, and attempted to take him home. During the ride, Khyali Ram reportedly fell from the motorcycle.
He was taken for treatment but died on November 19, 2024.
Rohitash was arrested on November 26, 2024, and has remained in custody since then.
Proceedings Before the Supreme Court
Appearing for the petitioner, counsel submitted that Rohitash had been in custody for over a year. It was also pointed out that the trial had only partially progressed.
The Court was informed that 11 witnesses had already been examined, but 22 more witnesses were yet to be examined. This, the defence argued, indicated that the trial would take substantial time to conclude.
Taking note of these facts, the Bench observed that continued detention would not be justified in the circumstances.
Court’s Observation
After hearing both sides, the Bench recorded that 11 witnesses had been examined and 22 remained. The trial court, it said, “is bound to take considerable amount of time.”
Considering “the overall facts and circumstances,” the Court said it was inclined to enlarge the petitioner on bail.
The order did not go into the merits of the allegations but focused on the period of custody and the likely duration of the trial.
Decision
The Supreme Court allowed the plea and directed that Rohitash be released on bail, subject to the satisfaction of the Additional District & Sessions Judge-I, Kotputli, District Kotputli-Behror.
With this direction, the Special Leave Petition was disposed of. All pending applications were also closed.
Case Title: Rohitash v. State of Rajasthan
Case No.: SLP (Crl.) No. 2311/2026
Decision Date: 16 February 2026
