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2025 DAILYLAW 22191 (RAJ)

SHAUKIN S/O RAMJAN v. STATE OF RAJASTHAN

CRLMB/8004/2025 · 2025-07-28

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:28455] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7733/2025 Jaikam S/o Maula, Aged About 37 Years, R/o Saimra Kala, Police Station Jaluki, District Deeg, Rajasthan (At Present Confined In Sub- Jail Deeg) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7784/2025 Rujdar S/o Badru, Aged About 40 Years, R/o Saimala Kala, Police Station Jaluki, District Deeg, Rajasthan. (Currently In Sub- Jail, Deeg, Rajasthan) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8004/2025 Shaukin S/o Ramjan, Aged About 33 Years, R/o Sahsan, Police Station Jurhera, District Deeg (Raj.) (At Present Petitioner Is Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vafik Choudhary Mr. Harendra Singh Sinsinwar Mr. Shivam Mr. Anshul Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Ankit Khandelwal HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/07/2025 1. These instant bail applications have been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.152/2025 registered at Police [2025:RJ-JP:28455] (2 of 3) [CRLMB-7733/2025] Station Jurhera, District Deeg (Raj.) for the offences punishable under Sections 137(2), 96 & 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submit that it appears from the testimony of victim that she left her parental home on her own and she was in relationship with the co-accused namely Naseem. Counsel further submits that according to the prosecution story, only allegation against the petitioners is that they helped the victim and co-accused namely Naseem to elope together. It is submitted that there is no allegation against the petitioners of committing sexual violence upon the victim. It is contended that trial will take considerable time in its conclusion. Counsel further submit that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant opposes the submissions made by learned counsel for the petitioners. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially considering the material available on record in the form of case diary including statement of the victim recorded under Sections 180 & 183 of BNSS and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the [2025:RJ-JP:28455] (3 of 3) [CRLMB-7733/2025] merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Jaikam S/o Maula, 2) Rujdar S/o Badru and 3) Shaukin S/o Ramjan shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observation made hereinabove is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /194-196