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2025 DAILYLAW 33536 (RAJ)

SUNIL SUMAN S/O SURESH KUMAR v. STATE OF RAJASTHAN

CRLMB/14793/2024 · 2025-01-28

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:3948] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14793/2024 Sunil Suman S/o Suresh Kumar, Aged About 27 Years, R/o Sarola, P.s.sarola, District Jhalawar ( At Present Accused Confined In District Jail Jhalawar) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Vidit Rai Kumawat For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Rajveer Singh Jhala HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/01/2025 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.217/2024 registered at Police Station Sarola, District Jhalawar (Raj.) for the offences punishable under Sections 331(2) & 64(1) of BNS. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits at the time of alleged incident, victim was aged about 20 years & petitioner was aged about 27 years. He submits that it appears from the statement of victim recorded under Section 180 BNSS that she was in relationship with the petitioner. It is submitted that allegation of committing rape upon her, cannot be believed as all other family members were sleeping nearby the place of incident. Petitioner is in custody since 05.11.2024 & there are no criminal antecedents against him. Charge-sheet has been filed and trial of the case will take [2025:RJ-JP:3948] (2 of 2) [CRLMB-14793/2024] considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by 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 both the parties, so also looking to the age of petitioner as well as the victim; charge-sheet has been filed; absence of criminal antecedents 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 - Sunil Suman S/o Suresh Kumar, 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 hereinabove 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 GAUTAM JAIN /125