KAILASH CHAND S/O SHRI SOHANLAL KHATIK v. STATE OF RAJASTHAN
CRLMB/4647/2025 · 2025-04-04
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14245 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14245 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:15263] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4647/2025 Kailash Chand S/o Shri Sohanlal Khatik, Aged About 42 Years, R/o Badli, Police Station Bhinay, District Ajmer. (At Present Confined In Central Jail Ajmer, District Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Amit Poonia, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 04/04/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.44/2025 registered at Police Station Bhinai, District Ajmer for the offence(s) under Section 137(2) of BNS.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that it is alleged against the petitioner that he along with his son Ajay abducted the prosecutrix on motorcycle. It is contended that the allegations against the accused-petitioner are perse false. The accused-petitioner is in custody since 20.03.2025 and trial/investigation of the case may take considerable time, therefore, the bail application of the accused- petitioner may be allowed.
[2025:RJ-JP:15263] (2 of 3) [CRLMB-4647/2025]
3. Learned Public Prosecutor has vehemently opposed the bail application and submitted the intimation report served upon the complainant along with the factual report. The same is taken on record. No one has put in appearance on behalf of the complainant.
4. Learned Public Prosecutor submits that in the FIR, it is specifically alleged against the petitioner that he along with his son Ajay abducted the prosecutrix and thereafter son of the petitioner Ajay committed rape with the prosecutrix. The petitioner was also found to be involved in another criminal matter and the same is pending against him, therefore, considering the allegations against the accused-petitioner coupled with conduct of the petitioner, the bail application of the accused-petitioner may be dismissed.
5. Heard and perused the material available on record.
6. In the statement rendered under Section 183 of BNSS, the prosecutrix has not alleged that the present petitioner abducted her, the allegation is against the petitioner’s son Ajay and not against the present petitioner, therefore, considering the above
facts, I deem it just and proper to enlarge the accused-petitioner on bail.
7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Kailash Chand S/o Shri Sohanlal Khatik, in connection with FIR No.44/2025 registered at Police Station Bhinai, District Ajmer, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to
[2025:RJ-JP:15263] (3 of 3) [CRLMB-4647/2025] the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(PRAVEER BHATNAGAR),J Keshav/72