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2025 DAILYLAW 2361 (RAJ)

PAWAN KUMAR @ ANUJ S/O RAMESHCHAND v. STATE OF RAJASTHAN

CRLMB/173/2025 · 2025-02-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7969] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 173/2025 Pawan Kumar @ Anuj S/o Rameshchand, Aged About 27 Years, R/o Gram Mal, Police Station Farah, District Mathura (U.P.) (At Present Confined In Sub Jail Deeg). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Surendra Singh, Adv., with Mr. Anoop Kumar, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.190/2024 registered at Police Station Sadar Deeg, District Deeg for the offences punishable under Sections 64(1), 308(2), 61(2)(a) of BNS, 2023 and Sections 66D, 67 of IT Act. Later on, Police has filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that relationship between the petitioner and victim was consensual in nature, which is evident from the statement of owner of the Guest House where they stayed for some time. During this period, she did not make any complainant or hue and cry. He further submits that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody since 16.10.2024 and [2025:RJ-JP:7969] (2 of 2) [CRLMB-173/2025] further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. He submits that one other criminal case has been registered against the petitioner. 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 petitioner also looking to the material available on record in the form of case diary including statement of the victim recorded under Section 183 of BNSS; charge-sheet has been filed and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Pawan Kumar @ Anuj S/o Rameshchand shall be released on bail provided he 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 he 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 herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/S-488