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2025 DAILYLAW 16183 (RAJ)

RINKU SWAMI S/O HARDAN SWAMI v. THE STATE OF RAJASTHAN

CRLMB/5345/2025 · 2025-06-11

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:23094] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5345/2025 Rinku Swami S/o Hardan Swami, R/o Ward No 12, Maliyo Ki Dhani, Manju Kot, Police Station Pragpura, District Kotputli Behror, (Rajasthan) (At Present In Sub Jail Shrimadhopur, Sikar). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Complainant For State : : Mr. Deepak Soni, Through VC Mr. Amit Kumar Gupta, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/06/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Rinku Swami S/o Hardan Swami in FIR No. 93/2025 dated 17.03.2025 registered at Police Station Ajitgarh, District-Sikar, whereby the applicant-accused has charged under Section 140(3) of BNS. 2. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is an innocent person and falsely implicated in the present case. Further, he submitted that the investigation relating to present applicant is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant is required for further investigation, the applicant will be available for such investigation. He also submitted that the trial will take its [2025:RJ-JP:23094] (2 of 3) [CRLMB-5345/2025] own time, and no purpose will be served by keeping the applicant in custody. 3. Learned counsel for the applicant has submitted that after investigation, charge sheet has been filed and prosecutrix has already solemnized marriage with accused Sunil Swami and marriage has already been registered. He also submitted that this applicant was not involved in any of incident and no specific allegation about kidnapping or rape were made against this applicant. He further referred the statement of prosecutrix and also her medical, and submitted that she has not named present applicant for any involvement. 5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. 6. Heard learned counsel for applicant, learned Public Prosecutor and learned counsel for the complainant. Perused the material placed on record by both the parties. 4. After registration of FIR on 17.03.2025, police has investigated the matter and police has filed charge sheet against the present applicant under Sections 87 and 61(2)(a) of BNS. We have considered statement of victim, who is a 24 years old female and she has made specific allegation against Sunil Swami. It is not possible for us to express any opinion on merits of the case, but further proceedings will take its own time, therefore, it is appropriate to allow bail application of the applicant-accused. 7. Thus, the instant bail application filed on behalf of applicant- accused Rinku Swami S/o Hardan Swami is hereby allowed, and the applicant is ordered to be released on bail upon furnishing [2025:RJ-JP:23094] (3 of 3) [CRLMB-5345/2025] a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial Court or as and when asked to appear before the Trial Court. (iv) In case of any violated of above conditions, the bail granted to applicant-accused shall be liable to be cancelled. 8. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J Tahir/135