Rajasthan High Court - Jodhpur
Ankit @ Monty vs State Of Rajasthan (2024:Rj-Jd:47213) on 21 November, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:47213]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10957/2024
Ankit @ Monty S/o Radhe Shyam, Aged About 33 Years, R/o
Near Church, Sanjay Colony, P.s. Subhashnagar, Dist. Bhilwara
(At Present Lodged In Dist. Jail, Bhilwara)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Abhishek Chundawat S/o Mohan Lal, R/o E-66, R.K.
Colony, Bhilwara, Subhashnagar, Dist. Bhilwara
----Respondents
Connected With
S.B. Criminal Miscellaneous Bail Application No. 10960/2024
Rohit Singh @ Kanha S/o Sumer Singh, Aged About 25 Years, R/
o E-185, Metro Plex, Behind Gym R.K. Colony, P.s.
Subhashnagar, Dist. Bhilwara
(At Present Lodged In Dist. Jail Bhilwara)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Abhishek Chundawat S/o Mohan Lal, R/o E-66, R.K.
Colony, Bhilwara, Subhashnagar, Dist. Bhilwara
----Respondents
For Petitioner(s) : Mr. Bushan Singh Charan
For Respondent(s) : Mr. Sharwan Singh Rathore, Dy.GA.
Mr. T.R.S. Sodha for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 21/11/2024
1. These applications for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioners who have been arrested in connection with F.I.R. No.303/2024, registered at Police Station Subhash Nagar, District Bhilwara, for offences under Sections 344, 346, 363, 366-A of IPC; and Sections 5(l)/6 of POCSO Act. (Downloaded on 22/11/2024 at 11:40:30 PM) [2024:RJ-JD:47213] (2 of 3) [CRLMB-10957/2024]
2. Heard learned counsel for the parties as well as learned counsel for the complainant. Perused the material available on record.
3. Drawing attention of the Court towards the statements of the victim- 'D' recorded under Section 164 Cr.P.C., learned counsel for the petitioners submitted that the victim- 'D' in her statements has clearly stated that on 12.06.2024, she ran away from her house and reached to BSNL office. After reaching at BSNL office, she called the petitioner- Ankit @ Monty on his mobile phone and went away with him to various places such as Mandsaur, Bhilwara, Jahajpur, Jodhpur etc. It was contended that the victim- 'D' in her statements has not levelled any allegation upon the petitioners of she being forcibly confined or kept under a restraint so as to being kept away from the custody of her parents.
4. Lastly, learned counsel for the petitioners submitted that the petitioners are in judicial custody; the investigation against them has already been concluded; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
5. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail applications and submitted that looking to the seriousness of the allegations levelled against the present petitioners, they do not deserve to be enlarged on bail.
6. Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the victim- 'D' recorded under Section 164 Cr.P.C., particularly, (Downloaded on 22/11/2024 at 11:40:30 PM) [2024:RJ-JD:47213] (3 of 3) [CRLMB-10957/2024] keeping in view that fact that there is nothing on record to suggest that the petitioners kept the victim- 'H' confined or under any restraint so as to keep her out of the custody of her parents; and that the prosecution has also not shown any apprehension of the present petitioners influencing the victim- 'H' or material prosecution witnesses of the case or fleeing away from justice, in case, they are enlarged on bail, this Court is inclined to enlarge the petitioners on bail.
7. Consequently, these bail applications under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused- petitioners- (1) Ankit @ Monty S/o Radhe Shyam, and (2) Rohit Singh @ Kanha S/o Sumer Singh arrested in connection with F.I.R. No.303/2024, registered at Police Station Subhash Nagar, District Bhilwara, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.
8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail applications. The trial court shall not get prejudiced by the same.
9. A copy of this order be placed in each file.
(KULDEEP MATHUR),J 22-23-himanshu/-
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