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2025 DAILYLAW 27664 (RAJ)

NARENDRA KUMAR @ RATAN LAL @ FAUJI S/O SHRI BADRI PRASAD v. STATE OF RAJASTHAN

CRLMB/10346/2025 · 2025-08-19

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:32392] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10346/2025 Narendra Kumar @ Ratan Lal @ Fauji S/o Shri Badri Prasad, Aged About 45 Years, R/o Dhani Josiyan Wali, Tan Chapura Khurd, Police Station Shahpura, District Jaipur (Rajasthan). (Accused Presently Confined At District Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mamraj Jat For Respondent(s) For Complainant(s) : : Mr. Tapesh Agarwal, PP Mr. O.P. Jhajharia 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.112/2025 registered at Police Station Shahpura (Jaipur Rural), District Jaipur Rural (Rajasthan) for the offences punishable under Sections 65(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 5(c)(m)/6 of Protection of Children from Sexual Offences Act, 2012. After completion of investigation, police filed charge-sheet in this matter. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that victim has been examined during the course of trial wherein she has not supported the prosecution case and she has been declared hostile. [2025:RJ-JP:32392] (2 of 3) [CRLMB-10346/2025] It is submitted that trial will take considerable time in its conclusion. Petitioner is in custody since 25.03.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer of bail made by learned counsel for the petitioner however, they fairly conceded that victim has not supported the prosecution case and has turned hostile. 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, especially considering the fact that victim has not supported the prosecution case and she has been declared hostile; trial will take considerable 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 fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Narendra Kumar @ Ratan Lal @ Fauji S/o Shri Badri Prasad 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. [2025:RJ-JP:32392] (3 of 3) [CRLMB-10346/2025] 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 LALIT MOHAN /323