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2025 DAILYLAW 4725 (RAJ)

ROHIT ROY S/O PRAHLAD ROY v. STATE OF RAJASTHAN

CRLMB/1249/2025 · 2025-03-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:10358] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 1249/2025 Rohit Roy S/o Prahlad Roy, Aged About 24 Years, R/o Village Jogras, Police Station Raipur, District Bhilwara, At Present House No. 55A, Janakpuri Colony, Jamdoli, Police Station Kanota, District Jaipur. (At Present Petitioner Is Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Prakash Chand Yadav with Mr. Ankit Singh For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Man Singh Meena Mr. Sanjay Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/03/2025 1. The second bail application under Section 483 of BNSS has been filed, on behalf of the petitioner, who has been arrested in connection with FIR No.771/2024 registered at Police Station Jawahar Circle, District Jaipur City (East) (Raj.) for the offence punishable under Section 64(1) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’), 2023. Later on, police filed charge-sheet for the offences punishable under Sections 64(1), 64(2)(m) & 69 of BNS, 2023. 2. First bail application of the petitioner was dismissed as withdrawn vide order dated 06.01.2025 with liberty to file fresh bail application if there is any change in circumstances. Counsel [2025:RJ-JP:10358] (2 of 3) [CRLMB-1249/2025] submits that there is change in circumstances thus, this second bail application has been preferred. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that interim bail was granted to the petitioner by this court vide order dated 27.01.2025 on the pretext that victim and petitioner wanted to enter into marriage. It is submitted that petitioner and victim got married on 04.02.2025 and in pursuance of order dated 27.01.2025, petitioner has surrendered before the jail authorities. In these circumstances, further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. 5. Victim of this case is present in person. Under her instructions, learned counsel appearing on her behalf submits that victim and petitioner have entered into marriage and she has no objection if this bail application is allowed. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially considering the peculiar facts of the case, so also considering the fact that petitioner and victim have entered into marriage on 04.02.2025 and trial will take 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 proper to allow the second bail application. 8. This second bail application is accordingly allowed and it is [2025:RJ-JP:10358] (3 of 3) [CRLMB-1249/2025] directed that accused-petitioner - Rohit Roy S/o Prahlad Roy, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with 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. 9. 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 GAUTAM JAIN /19