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2025 DAILYLAW 34953 (RAJ)

RAVI KUMAR S/O RAMESH CHAND v. STATE OF RAJASTHAN

CRLMB/15975/2024 · 2025-03-24

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:13277] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15975/2024 Ravi Kumar S/o Ramesh Chand, Aged About 24 Years, R/o Khatwa, Police Station Lalsot, Distt. Dausa (Raj.). (At Present In Jail District Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/03/2025 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. 524/2024 registered at Police Station Lalsot, District Dausa (Rajasthan) for the offences punishable under Sections 75(2), 76 and 333 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that impugned FIR has been lodged on the basis of written report submitted by the father of the victim who mentioned the fact according to the version narrated by his daughter(victim). Counsel submits that from bare perusal of the FIR it appears that initially, no allegation of commission of rape was levelled against the petitioner but later on, victim changed her version and levelled allegation of forceful [2025:RJ-JP:13277] (2 of 3) [CRLMB-15975/2024] sexual intercourse. It is submitted that victim was aged about 19 years at the time of the alleged incident and there is no medical corroboration of the allegations levelled by the victim against the petitioner as no sign of sexual assault was found on her person. Counsel submits that either it is a case of consensual relationship or false allegations have been levelled against the petitioner. It is contended that trial will take considerable time in its conclusion. Petitioner is in custody since 25.11.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner and submits that there is specific allegation against the petitioner of commission of rape upon 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 both the parties, material made available in the form of FIR including statement of the victim, so also considering the fact that no sign of sexual assault was found on the person of the victim and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Ravi Kumar S/o Ramesh Chand shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with [2025:RJ-JP:13277] (3 of 3) [CRLMB-15975/2024] 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 herein above 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 pcg/118