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2025 DAILYLAW 38096 (RAJ)

YASIR KHAN S/O LATE MISSUWA KHAN v. STATE OF RAJASTHAN

CRLMB/12522/2025 · 2025-10-16

Mahendar Kumar Goyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:42394] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12522/2025 Yasir Khan S/o Late Missuwa Khan, R/o Jhanjhar Road Kutakpur Patti Sikri, Police Station Sikri, District Deeg. (At Present Confined In District Jail, Dholpur). ---Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Jain For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Vikram Baghal for Mr. Prem Chand Dewanda Mr. Anikate Jangid HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 16/10/2025 The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity “the BNSS”). The petitioner has been arrested in connection with FIR No.161/2025 registered at Police Station Kanchanpur, District Dholpur for the offence under 137(2) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS, 2023’) and later on for the offence under Sections 137(2) and 96 of BNS, 2023 and Section 84 of Juvenile Justice Act. Learned counsel for the petitioner submits that he has falsely been implicated in this case. Inviting attention of this Court towards the statement of the prosecutrix recorded under Section 180 and 183(4) of BNSS, 2023, learned counsel submits that the same do not contain any allegation of her sexual exploitation by the petitioner; rather, the same reflects that both have lived together as good friends. Learned counsel further submits that he [2025:RJ-JP:42394] (2 of 2) [CRLMB-12522/2025] is in custody since 14.06.2025, charge-sheet has been filed, trial of the case is likely to take time, he has no criminal antecedents and prays for his release on bail. Per contra, learned Public Prosecutor assisted by the learned counsel for the complainant opposed the prayer. Heard. Considered. Taking into consideration the contentions advanced by learned counsel for the petitioner, nature of accusation, material available in the case diary especially, the statement of the prosecutrix recorded under Section 180 and 183(4) of BNSS, 2023 which do not reveal any allegation of her sexual exploitation, his length of custody, filing of charge-sheet and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed and it is directed that accused-petitioner Yasir Khan S/o Late Missuwa Khan shall be released on bail under Section 483 BNSS in connection with aforementioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of ₹1,00,000/- (Rupees One Lac only) together with two sureties in the sum of ₹50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) BNSS. (MAHENDAR KUMAR GOYAL),J DIKSHA /170