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[2025:RJ-JP:268] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15321/2024 Nahil S/o Samsu, Aged About 19 Years, R/o Kukarpuri, Police Station Jurhara, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ankit Khandelwal For Respondent(s) : Mr. Amit Kumar Gupta, PP Mr. Anshul Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 03/01/2025
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.256/2024 registered at Police Station Jurhara, District Deeg (Raj.) for the offences punishable under Sections 64(1) & 351(3) of BNS. Later on, police filed the charge- sheet for the offences punishable under Sections 64(1), 115(2), 126(2) & 332(b) 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 that victim is a married lady who is aged about 27 years. He submits that matter has been reported to the police after a delay of three days for which no proper explanation is available no record. It is submitted that petitioner is nephew of
[2025:RJ-JP:268] (2 of 3) [CRLMB-15321/2024] husband of the victim & on account of family dispute, this false case has been instituted against the petitioner. Petitioner is in custody since 02.09.2024 & there are no criminal antecedents against him. Charge-sheet has been filed and trial of the case will take 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. They submit that there is specific allegation against the petitioner of commission of rape with the victim.
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 the fact that charge-sheet has been filed in the matter & trial of the case will take considerable time; 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. The observations 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.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Nahil S/o Samsu, 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
[2025:RJ-JP:268] (3 of 3) [CRLMB-15321/2024] 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.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /261