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2025 DAILYLAW 36498 (RAJ)

LOKESH v. STATE OF RAJASTHAN

CRLMB/13871/2024 · 2025-01-06

Farjand Ali

body2025

Judgment text

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[2025:RJ-JD:760] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13871/2024 Lokesh S/o Ratan, Aged About 22 Years, R/o Narsingh Magri Anjana, P.s. Arthuna, Dist. Banswara. (Presently Lodged At Dist Jail Banswara) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Aniket Tater For Respondent(s) : Mr. Vikram Singh Rajpurohit, Dy.G.A. Mr. Ravindra Singh Bhati, Asst.G.A. HON'BLE MR. JUSTICE FARJAND ALI Order 06/01/2025 1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case 1. FIR Number 202/2022 2. Concerned Police Station Arthuna 3. District Banswara 4. Offences alleged in the FIR Under Section 376 of the IPC as well as Section 5/6 of the POCSO Act 5. Offences added, if any Under Sections 363, 366, 344 and 376(2)(n) of the IPC and Section 5(l)/6 of the POCSO Act 6. Date of passing of impugned order 29.08.2024 2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in [2025:RJ-JD:760] (2 of 2) [CRLMB-13871/2024] the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. 3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 4. I have considered the submissions made by both the parties and have perused the material available on record. The victim has been examined in the trial as PW-1 and turned hostile. She has stated that she was not taken away forcibly by the petitioner and no wrong was committed upon her by him. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 5. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (FARJAND ALI),J 302-Ashutosh/-