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2025 DAILYLAW 5266 (RAJ)

MOHAMMED AMAAN @ AMAN S/O MOHAMMED FAREED v. STATE OF RAJASTHAN

CRLMB/1646/2025 · 2025-02-11

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6098] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1646/2025 Mohammed Amaan @ Aman S/o Mohammed Fareed, R/o House No. J-271, Sanjay Nagar, Bilal Masjid Ke Piche, Police Station Bhatta Basti, Jaipur North (At Present In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Javed Mohd. Khan Mr. Talib Qureshi For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/02/2025 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.364/2024 registered at Police Station Bhatta Basti, District Jaipur City (North) for the offences punishable under Sections 64(2)(l) & 64(2)(m) of BNS. Later on, police filed charge-sheet for offences punishable under Sections 64(2)(m) & 69 of BNS. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submit that victim is aged about 22 years and petitioner is aged about 19 years. It is further submitted that relationship between the petitioner and victim was consensual in nature. Victim went with the petitioner on her own and developed [2025:RJ-JP:6098] (2 of 3) [CRLMB-1646/2025] physical relations with him. Learned counsel contend that alleged incident took place on 31.10.2024 and thereafter, victim remained in company of the petitioner for about two days. During this period, alleged rape was committed by the petitioner. It is contended that petitioner has no criminal antecedents and he is in custody since 10.12.2024. Charge-sheet has been filed and trial will take time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the bail application. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner as also considering the age of the petitioner as well as victim and the fact that petitioner has no criminal antecedents; he is in custody since 10.12.2024; charge- sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Mohammed Amaan @ Aman S/o Mohammed Fareed, 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 [2025:RJ-JP:6098] (3 of 3) [CRLMB-1646/2025] called upon to do so. 7. The observations made hereinabove 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 CHARU SONI /181