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2025 DAILYLAW 46360 (RAJ)

BHAGU SINGH S/O NANDA SINGH v. STATE OF RAJASTHAN

CRLMB/15509/2025 · 2025-11-26

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:48070] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 15509/2025 Bhagu Singh S/o Nanda Singh, Aged About 35 Years, R/o Dhondhing Ka Badiya, Ramgarh, P.s. Masuda, District Beawar. (Presently Lodged At District Jail Beawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jai Prakash Gupta with Mr. Anubhav Gupta For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/11/2025 1. Instant second bail application under Section 483 of BNSS is filed by the applicant-accused Bhagu Singh S/o Nanda Singh seeking bail in respect of a criminal case registered as FIR No. 55/2025 dated 07.02.2025 registered at P.S. Masuda District-Beawar, for the offence under Sections 126(2), 70(1), 351(3) and 308(2) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:48070] (2 of 4) [CRLMB-15509/2025] 3. Learned counsel for petitioner submits that first bail application was dismissed on 20.08.2025 and thereafter, the statement of victim were recorded who is an adult female. He referred the statement of victim recorded as PW-3 and submitted that her admission in cross-examination clearly indicate that it is a false and concocted case registered against the petitioner. He also submitted that the admission of PW-3 indicate that there is a financial transaction between Bhagu Singh and husband of prosecutrix. He further submitted that her admission reflect that she has lodged a false report against the petitioner. He also referred medical of victim and submitted that no injuries were found on body of victim and present petitioner is in custody since 23.03.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He also submitted report received from police station Masuda along with intimation slip to complainant. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of report dated 07.02.2025 lodged by 26 year old prosecutrix for blackmailing and rape, a FIR is registered and matter is investigated. After investigation police has filed married against Vishnu Singh and Bhagu Singh. 7. The victim is a married female and nothing abnormal is found in her medical. The admission of PW-3 clearly indicate [2025:RJ-JP:48070] (3 of 4) [CRLMB-15509/2025] that there was a financial transaction between husband of prosecutrix and present petitioner. The admission of PW-3 with regard to present petitioner is also considered by us. There is no charge under the IT Act. The present petitioner is in custody since 23.03.2025. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the second bail application filed on behalf of applicant- accused Bhagu Singh S/o Nanda Singh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2025:RJ-JP:48070] (4 of 4) [CRLMB-15509/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /15