Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 8244 (RAJ)

RAMNIWAS S/O RAMKALYAN v. STATE OF RAJASTHAN

CRLMB/2692/2025 · 2025-02-28

Ganesh Ram Meena

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8835] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 2692/2025 Ramniwas S/o Ramkalyan, Resident Of Kachnariya Khurd, Police Station Harnawdashahji, District Baran (At Present Confined In Sub District Jail Chabbra, District Baran (Raj.). ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rajveer Singh Jhala For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 28/02/2025 1. The accused-petitioner has filed the present second bail application under Section 483 B.N.S.S. arising out of F.I.R. No.135/2024 registered with the Police Station Harnawada Shahji, District Baran (Raj.) for offence under Sections 64(1), 331(2) & 351(3) of B.N.S.S., 2023. 2. The first bail application bearing No.14166/2024 (Ramniwas Vs. State of Raj.) was dismissed as withdrawn by this Court vide order dated 06.12.2024 with liberty to file fresh bail application after examination of the prosecutrix before the trial Court. 3. Heard. 4. Considered the submissions made at bar so also perused the statement of prosecutrix (PW1) recorded during her examination before the learned trial Court. [2025:RJ-JP:8835] (2 of 2) [CRLMB-2692/2025] 5. In the statement of the prosecutrix (PW1), she has made specific allegations of rape against the present petitioner. One of the submissions of learned counsel for the petitioner is that earlier also the prosecutrix lodged a report against the petitioner and with the intervention of the family members, the matter was resolved by a compromise between them. Counsel also submitted that in the present matter also, there were talks of compromise between the parties but that could not materialized. Counsel also submitted that the prosecutrix is in a habit of lodging the criminal cases so as to extort the money. 6. On perusal of the statement of the prosecutrix (PW1), this Court finds that there are specific allegations of rape against the petitioner. Merely any compromise between the parties with regard to any criminal act of previous period, does not absolve the petitioner from criminal liability. Since there are specific allegation of rape against the petitioner, this Court is not inclined to enlarge the accused-petitioner on bail. 7. Accordingly, the present second bail application is dismissed. (GANESH RAM MEENA),J ARTI SHARMA /9