SALEEM KATHAT @ SETHI S/O RUSTAM KATHAT v. STATE OF RAJASTHAN
CRLMB/10766/2025 · 2025-09-08
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28442 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28442 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:36202] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10766/2025 Saleem Kathat @ Sethi S/o Rustam Kathat, Aged About 21 Years, R/o Village Lasani First (Lasadia) Police Station Beawar Sadar, District Beawar. (At Present Confined At Central Jail, Ajmer (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jiya Ur Rahman For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 08/09/2025
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Saleem Kathat @ Sethi S/o Rustam Kathat seeking bail in respect of a criminal case registered as FIR No.160/2025 dated 20.04.2025 registered at P.S. Beawar Sadar, District - Beawar, for the offence under Sections 64(2)(m), 87 and 308(2) of BNS.
2.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the
[2025:RJ-JP:36202] (2 of 4) [CRLMB-10766/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3.
Learned counsel for petitioner submitted that the age of prosecutrix is 20 years whereas age of present petitioner is 21 years and they are in consensual relation. He further submitted that the facts disclosed by prosecutrix clearly indicated that she travelled to Jaipur, Delhi and Jodhpur with present petitioner wherein she indulged in relation and she wants to marry present petitioner. He also submitted that a report is registered and on the basis of MPR report, FIR is registered after a delay. He also submitted that there is no criminal antecedent against the petitioner. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of MPR dated 16.04.2025, lodged by mother of victim, the matter is inquired and during inquiry, victim was recovered on 19.04.2025 and FIR is registered on
20.04.2025. The material indicated that victim is missing since 01.03.2025. We have considered statement of victim recorded by police during investigation. The petitioner is arrested on 02.08.2025 and considered his interrogation note. The police has drawn charge-sheet in absence of accused. The age of prosecutrix is 19-20 years whereas petitioner is of 21 years. The material on record indicated
[2025:RJ-JP:36202] (3 of 4) [CRLMB-10766/2025] that petitioner has left the country and went to Qatar, therefore it is appropriate to surrender and deposit his passport till trial is concluded. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Saleem Kathat @ Sethi S/o Rustam Kathat, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing 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) That the applicant-accused shall not contact or connect directly or indirectly with victim or any of her family member. (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. [2025:RJ-JP:36202] (4 of 4) [CRLMB-10766/2025] (iv) The applicant-petitioner is directed to surrender his passport to the trial court and not leave the country without permission. (v) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /202