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2025 DAILYLAW 5512 (RAJ)

AKASH S/O CHHOTELAL v. STATE OF RAJASTHAN

CRLMB/1561/2025 · 2025-02-24

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:8424] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1561/2025 1. Akash S/o Chhotelal, Aged About 19 Years, R/o Sedh Ka Madh Khedli, Police Station Khedli, District Alwar (Raj.) (At Present Confined In Central Jail, Alwar). 2. Ramveer S/o Puransingh, Aged About 29 Years, R/o Sedh Ka Madh Khedli, Police Station Khedli, District Alwar (Raj.) (At Present Confined In Central Jail, Alwar). ----Petitioners Versus 1. State Of Rajasthan, Through PP 2. Victim, R/o ----Respondents For Petitioner(s) : Mr. Vikas Jhakhar For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Kuldeep Aswal, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.531/2024 registered at Police Station Kherli, District Alwar for the offences under Sections 64(2)(m), 96 & 70(2) of BNS, Sections 5(g)/6 & 5(l)/6 of POCSO Act and Section 3(2)(v) of SC/ST Act. Charge-sheet has been filed for offences punishable under Sections 137(2), 96 & 70(2) of BNS, Section 5(g)/6 of POCSO Act and Section 3(2)(v) of SC/ST Act against petitioner Akash and Section 70(2) of BNS, Section 5(g)/6 of POCSO Act and Section 3(2)(v) of SC/ST Act against petitioner Ramveer in the court concerned. [2025:RJ-JP:8424] (2 of 3) [CRLMB-1561/2025] 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that victim has been examined during the course of trial as PW-1. She has not supported the prosecution case and has been declared hostile. It is further submitted that petitioners are in custody since 26.10.2024. Further custody of the petitioners would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor oppose the submissions made by the learned counsel for the petitioners but failed to controvert the fact that victim has been declared hostile. 4. Learned counsel for the complainant does not oppose the bail application and he has no objection if this bail application is accepted. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, as also the fact that victim has not supported the prosecution case and has been declared hostile, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioners – (1) Akash S/o Chhotelal, & (2) Ramveer S/o Puransingh, shall be released on bail provided each of them 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 [2025:RJ-JP:8424] (3 of 3) [CRLMB-1561/2025] the satisfaction of the learned trial Court with the stipulation that they 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. (ANIL KUMAR UPMAN),J CHARU SONI /445