ABHISHEK SHARMA S/O SURESHCHAND SHARMA v. STATE OF RAJASTHAN
CRLMB/10114/2025 · 2025-08-19
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27247 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27247 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:32337] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10114/2025 Abhishek Sharma S/o Sureshchand Sharma, Aged About 32 Years, R/o Sulabh Complex Ke Pass, Premnagar First, Thana Udyog Nagar, Kota City (Raj.) (At Present Confined In District Jail Kota, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sunil Tyagi with Mr. Anirudh Tyagi Mr. Saurabh Vaishnav For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/08/2025
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.259/2025 registered at Police Station Udyog Nagar (Kota City), District Kota City for the offence punishable under Section 64(2)(m) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for the offence punishable under Section 69 of BNS, 2023. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is submitted that petitioner and victim are aged about 32 years and their relationship was consensual in nature. According to the FIR as well
[2025:RJ-JP:32337] (2 of 3) [CRLMB-10114/2025] as statements of victim recorded under Sections 180 & 183 of BNSS, there is allegation against the petitioner of sexually exploiting the victim on the pretext of marriage. Counsel submits that false allegations have been levelled by the victim in fact petitioner and victim were maintaining their relationship for past ten years. It is contended that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 13.07.2025 and 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. 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 charge-sheet, as also considering the fact that petitioner & victim were in relationship for past ten years, there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Abhishek Sharma S/o Sureshchand Sharma shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
[2025:RJ-JP:32337] (3 of 3) [CRLMB-10114/2025] 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 observations made hereinabove are 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 GAUTAM JAIN /293