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2025 DAILYLAW 5785 (RAJ)

RAKESH SINGH S/O BIJENDRA SINGH ALIAS BIJJO GURJAR v. STATE OF RAJASTHAN

CRLMB/1775/2025 · 2025-04-29

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:18018] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1775/2025 Rakesh Singh S/o Bijendra Singh Alias Bijjo Gurjar, Aged About 28 Years, R/o Laharwada, Police Station Sikri, District Deeg (Rajasthan) (At Present Confined In District Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. O.P. Solanki For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 29/04/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.366/2024 registered at Police Station-Govindgarh (Alwar), District-Alwar for the offences under Sections 64(1), 332(b) and 351(3) of BNS, 2023. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner has stated that the petitioner is neighbour of the prosecutrix and they are in affairs with each other. FIR has been delayed by three days. There are no criminal antecedents and no independent witnesses has supported the prosecution story. During investigation, no medical has been done as well as no recovery of mobile phone has been made. He further submits that the victim is consenting party to the act. [2025:RJ-JP:18018] (2 of 2) [CRLMB-1775/2025] Petitioner is behind the bars since 11.12.2024. Charge-sheet has been filed. No fruitful purpose will be served by keeping the petitioner in incarceration. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application stating that name of the petitioner has been specifically mentioned in the FIR and the prosecutrix has supported the prosecution story in the statement recorded during investigation under Sections 180 and 183 BNSS. Statement of the prosecutrix has yet to be recorded before the trial Court. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am not inclined to grant benefit of bail to the petitioner. 6. Hence, the present bail application is hereby dismissed. (PRAMIL KUMAR MATHUR),J Arun/64