Rajasthan High Court - Jodhpur
Rai Singh vs State Of Rajasthan (2024:Rj-Jd:46661) on 19 November, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:46661]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10887/2024
Rai Singh S/o Manohar Singh, Aged About 22 Years, R/o Noorda,
P.S.Ghasa, Dist. Udaipur, Raj.
(Lodged In Dist. Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. S.K. Bhati on behalf of
Mr. Yogendra Singh Charan
Mr. Ashutosh Sharma
Mr. Bharat Gurjar
For Respondent(s) : Mr. Sharwan Singh Rathore, Dy.GA.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 19/11/2024
1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.50/2024, registered at Police Station Ghasa, District Udaipur, for offences under Sections 363, 366, 344 and 376(2)(n) of the IPC and under Sections 5/6 of the POCSO Act, 2012.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the statements of the victim- 'H' recorded under Section 164 Cr.P.C., learned counsel for the petitioner submitted that the victim- 'H' in her statements has stated that on 28.03.2024 at 07:30 pm., out of her free will and volition, she went away from her house with the present petitioner (Downloaded on 19/11/2024 at 09:59:36 PM) [2024:RJ-JD:46661] (2 of 3) [CRLMB-10887/2024] on his motorbike. Learned counsel contended that the victim- 'H' in her statements has further stated that she stayed with the present petitioner for more than 15 days at Mumbai. Victim- 'H' in her statements has denied the allegation of she being subjected to forcible sexual assault- rape by the present petitioner. Further, she has expressed her desire of staying in the company of the present petitioner.
4. Learned counsel submitted that the statements of the victim- 'H' recorded under Section 164 Cr. P.C. clearly indicates that the petitioner, who is aged about 22 years, has been falsely implicated in the present case.
5. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused- petitioner.
6. Per contra, learned Public Prosecutor has vehemently opposed the bail application.
7. Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the victim- 'H' recorded under Section 164 Cr.P.C., this Court prima facie finds that there is no allegation against the present petitioner of subjecting the victim- 'H' to forcible sexual assault- rape. This Court further finds that the prosecution has not shown any apprehension of the petitioner influencing the victim- 'H' or fleeing away from justice, in case, he is enlarged on bail; it is also to be noticed that the petitioner does not have any criminal antecedents, thus without expressing any opinion on (Downloaded on 19/11/2024 at 09:59:36 PM) [2024:RJ-JD:46661] (3 of 3) [CRLMB-10887/2024] merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
8. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner Rai Singh S/o Manohar Singh, arrested in connection with F.I.R. No.50/2024, registered at Police Station Ghasa, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 26-himanshu/-
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