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2025 DAILYLAW 30023 (RAJ)

MADANMOHAN S/O OMPRAKASH v. STATE OF RAJASTHAN

CRLMB/11654/2025 · 2025-09-15

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:37334] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11654/2025 Madanmohan S/o Omprakash, Aged About 42 Years, R/o Prem- pura Kohali, Police Station Bamanwas, Presently R/o Murti Mo- halla, Gangapur City, District Sawai Madhopur, Raj. (At Present Confined In Sub Jail Gangapur City). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mukesh Pal Jadoun For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. Mr. Arvind Sharma for victim HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/09/2025 1. This bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.215/2004 registered at Police Station Gangapur City, District Sawai Madhopur (Rajasthan) for offences punishable under Sections 363, 365 & 366 of IPC. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that impugned FIR has been lodged by father of the victim with regard to abduction of the victim. Counsel submits that victim and petitioner have entered into marriage and presently, they are settled in Maharashtra. Counsel submits that petitioner and victim are also blessed with a son who is aged about 21 years and a daughter who is aged about 15 years. It is submitted 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 24.08.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:37334] (2 of 2) [CRLMB-11654/2025] 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 4. Victim of this case is present in person alongwith her son and they have duly been identified by their counsel. Under her instructions, learned counsel for the victim submits that victim is leading a happy married life with the petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the fact that victim and petitioner are leading a happy life with their children and 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. 7. This bail application is accordingly allowed and it is directed that accused-petitioner -Madanmohan S/o Omprakash 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. 8. The observations made hereinabove are only for decision of the bail application and would not prejudice the trial in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /172