Rajasthan High Court - Jodhpur
Rakesh vs State Of Rajasthan (2025:Rj-Jd:17235) on 3 April, 2025
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2025:RJ-JD:17235]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3831/2025
Rakesh S/o Indra Ram, Aged About 20 Years, R/o Near Gandhi
Chowk, Mundwa P.s. Mundwa Dist. Nagaur (Lodged In Dist. Jail,
Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia
Mr. Ashish Jakhar
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order 03/04/2025
1. The instant bail application has been filed by the applicant under Section 483 BNSS (439 Cr.P.C.). The applicant has been arrested in connection with FIR No. 18/2024 registered at Police Station Rol, District Nagaur for the offence(s) under Section 363, 344, 376(3), 120-B of IPC and 3/4 of POCSO Act.
2. Learned counsel for the accused-applicant submits that the applicant has been falsely implicated in the case. Challan has been presented. He further submits that as per statement of prosecutrix under Section 164 Cr.P.C. (183 BNSS), she earlier made allegations against Vikram of doing wrong act, after that she went to Hanumangarh with Rakesh to his father and Rakesh father asked her to stay with Rakesh and they stayed at Hanumangarh for one day and in the evening they went to Hyderabad by sleeper bus. On the way, Rakesh asked prosecutrix to marry her in Amravati, they got married at Jagdamba Mata ji's temple in (Downloaded on 04/04/2025 at 12:08:13 AM) [2025:RJ-JD:17235] (2 of 3) [CRLMB-3831/2025] Amravati. Rakesh's sister lives in Hyderabad, to whom applicant and prosecutrix went. Rakesh's sister asked prosecutrix to take Rakesh's side only and give statement against the family members only. Thereafter, they came to Delhi by train from Hyderabad, and upon reaching Delhi, they again returned Hyderabad by train. After coming to Hyderabad, Rakesh started working at a sweet shop. The next day the police came to the bus stand and caught them. In such a situation, it is clear that the prosecutrix, married with the applicant and was living with Rakesh of her own free will. The applicant-Rakesh did not ask the prosecutrix to go with any other person or anyone else with wrong intentions. The applicant is behind the bars. The trial may take long time to conclude. Thus, learned counsel submitted that the applicant may be enlarged on bail.
3. Per contra, learned Public Prosecutor vehemently opposed the bail application.
4. Perused challan papers and statement of prosecutrix under Section 164 Cr.P.C. (183 BNSS). Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, without commenting on the merits and demerits of the case, this court deems it just and proper to enlarge the accused-applicant on bail.
5. Accordingly, the bail application under Section 483 BNSS (439 Cr.P.C.) is allowed and it is ordered that the accused- applicant Rakesh S/o Indra Ram arrested in connection with aforesaid FIR shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of (Downloaded on 04/04/2025 at 12:08:13 AM) [2025:RJ-JD:17235] (3 of 3) [CRLMB-3831/2025] Rs.50,000/- each to the satisfaction of the learned lower court for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(YOGENDRA KUMAR PUROHIT),J 111-Jatin/-
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