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2025 DAILYLAW 5648 (RAJ)

LALIT KUSHWAH S/O TARASINGH v. STATE OF RAJASTHAN

CRLMB/1658/2025 · 2025-03-06

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:10126] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1658/2025 Lalit Kushwah S/o Tarasingh, Aged 22 Years, R/o Nauni Jagner, District Agra (U.P.). (At Present Confined In District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Jain For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 06/03/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 258/2024 registered at Police Station Mahila Thana, District Dholpur for the offence(s) under Sections 70(1), 351(3) and 87 of BNS. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that prosecutrix is a married lady and has falsely implicated the petitioner and a child in conflict with law. In the inquiry against child in conflict with law prosecutrix-X has turned hostile and not supported the prosecution story. The accused petitioner is in custody since 24.09.2024 and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner. [2025:RJ-JP:10126] (2 of 2) [CRLMB-1658/2025] Per contra, learned Public Prosecutor opposes the bail application and submitted the intimation report served upon the prosecutrix/complainant. The same is taken on record. No one appeared on behalf of the complainant/victim. Heard and perused the material available on the record. Petitioner has placed on record the statement of prosecutrix recorded before Juvenile Justice Board, in the inquiry conducted by Juvenile Justice Board prosecutrix has turned hostile and denied the fact that the child in conflict with law committed rape with her. In the FIR prosecutirx has alleged that petitioner and child in conflict with law committed rape with her, therefore considering the fact that in the inquiry conducted by the Juvenile Justice Board against child in conflict with law prosecutrix has not supported the prosecution story, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Lalit Kushwah S/o Tarasingh, in connection with FIR No. 258/2024 registered at Police Station Mahila Thana, District Dholpur shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /205