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[2025:RJ-JP:33019] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1270/2025 Rakesh S/o Fakeera @ Fakeer, Aged About 37 Years, R/o Dhobi Mohalla, Maniya, District Dholpur (Raj.) (Presently Confined At District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ankur Singh Tomar For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Dushyant Jain & Mr. Udit Sapra, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 29/07/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.408/2024 registered at Police Station Maniya, District Dholpur for the offence punishable under Section 137(2) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 137(2), 140(3) & 103(1) of BNS, 2023.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He is totally innocent. No recovery has been effected from the petitioner. Investigation has been completed and chargesheet has been filed in the court concerned. He is in custody since 02.09.2024 whereas trial will
[2025:RJ-JP:33019] (2 of 2) [CRLMB-1270/2025] take considerable time in its culmination. He does not have any criminal antecedents. No fruitful purpose would be served by keeping the petitioner behind the bars.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by counsel for the petitioner. It is submitted that there are serious allegation against the petitioner that he kidnapped eight years old boy and murdered him by strangulation. During investigation, it has come out that the accused petitioner lured the deceased boy and took him away and thereafter strangulated to death.
4. I have considered the contentions.
5. Having regard to the facts and circumstances of the case and considering the arguments advanced by both the parties and the material available on record including charge sheet as as also looking to the nature of allegations and gravity of offence, this Court is not inclined to enlarge the petitioner on bail. Accordingly, this bail application is dismissed.
(ANIL KUMAR UPMAN),J CHARU SONI /40