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2025 DAILYLAW 7684 (RAJ)

ROHITASH S/O PRAKASHCHAND v. STATE OF RAJASTHAN

CRLMB/2494/2025 · 2025-02-25

Praveer Bhatnagar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8535] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2494/2025 Rohitash S/o Prakashchand, Aged About 28 Years, R/o Kuhada Papda, Police Station Viratnagar, District Kotputli Behror. (At Present Confined In Central Jail Alwar, District Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 25/02/2025 1. 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.343/2024 registered at Police Station Thanagaji, District Alwar for the offence(s) under Sections 189(2), 115(2), 126(2), 352, 351(2), 87 and 332(c) of BNS. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the allegation of rape is against the other co- accused Ravi and not against the present accused-petitioner. It is alleged against the accused-petitioner that he facilitated the other co-accused in kidnapping the prosecutrix. The prosecutrix herself is a major women and was in relationship with the other co- accused Ravi. The name of the accused-petitioner is not mentioned in the FIR. The accused-petitioner is in custody since [2025:RJ-JP:8535] (2 of 3) [CRLMB-2494/2025] long and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and submitted the factual report. The same is taken on record. It is contended that the accused-petitioner tried to kidnap the prosecutrix, therefore, the bail application of the accused- petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that the main allegation of committing rape is against the other co-accused Ravi. The prosecutrix in her statement rendered under Section 183 of BNSS has only stated that the accused-petitioner tried to hold her hand and also tried to pull his father in the vehicle. The allegation of rape is against the other co-accused Ravi. There is no allegation against the present accused-petitioner except the above version. The accused- petitioner is in custody since long and trial/investigation of the case may take considerable time, therefore, considering the above facts and without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Rohitash S/o Prakashchand, in connection with FIR No.343/2024 registered at Police Station Thanagaji, District Alwar, 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 [2025:RJ-JP:8535] (3 of 3) [CRLMB-2494/2025] the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/206