Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:47877] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10793/2025 Pawan Kumar S/o Ramjilal, R/o Machadi, Police Station Rajgarh, District Alwar. (At Present Confined In Sub Jail Bandikui, District Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP Mr. Rajenra Kumar Sharma HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 26/11/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 173/2025 registered at Police Station Baswa District Dausa for the offence(s) under Sections 64(2)(m), 74, 75(3), 351(2) BNS.
2.
Learned counsel for the accused-applicant submits that the applicant is a young man aged 25 years. It is submitted that applicant is in custody ever since 02.08.2025 and charge-sheet has been filed. It is further submitted that even FIR reflects that for a period of two months, applicant and victim were in constant communication. It is also submitted that there is no criminal antecedent registered against the applicant. Learned counsel has submitted that victim in question is a major girl as her date of
[2025:RJ-JP:47877] (2 of 2) [CRLMB-10793/2025] birth is 01.01.2007. Furthermore, it is submitted that opinion given by Medical Doctor has not reflected any external injury.
Learned counsel has also relied upon judgment of Samadhan Vs. State of Maharasthra & Anr. passed in Criminal Appeal No. 5001/2025.
3. Per contra, learned Public Prosecutor along with counsel for the complainant have vehemently opposed the bail application.
4. Considering the arguments advanced by the counsel for the parties, considering that accused-applicant is a young man of 25 years; that there is no criminal antecedent registered against the applicant; that applicant and victim are in constant communication and victim in question is a major girl; that the ratio encapsulated in Samadhan (supra) and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.
5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Pawan Kumar S/o Ramjilal shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(SAMEER JAIN),J Pooja /23