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2025 DAILYLAW 8745 (RAJ)

RAKESH @ RAGHUNANDAN S/O MOHAN LAL v. STATE OF RAJASTHAN

CRLMB/2925/2025 · 2025-03-19

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:12327] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2925/2025 Rakesh @ Raghunandan S/o Mohan Lal, Aged About 32 Years, R/o Khaldi, Police Station Nahargarh, District Baran (At Present Confined In District Jail Baran). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Virendra Sharma For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.03/2025 registered at Police Station Nahargarh, District Baran for the offences punishable under Section 74 of BNS, 2023 and Section 7/8 of POCSO Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that after thorough investigation police filed charge-sheet for the offences punishable under Section 74 of BNS (corresponding to Section 354 of IPC) and Section 7/8 of POCSO Act. He submits that maximum punishment for the alleged offences is five years. Trial of the case will take considerable time in its conclusion. Petitioner is in custody since 03.02.2025 and [2025:RJ-JP:12327] (2 of 3) [CRLMB-2925/2025] there are no criminal antecedents against him. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner & submits that according to the statement of victim, it appears that petitioner tried to commit rape upon her. He further submits that complainant/victim of this case has been duly informed about hearing of this bail application. 4. Despite information, no one has appeared on behalf of the complainant. 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 petitioner, as also looking to the material available on record; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, 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-petitioner - Rakesh @ Raghunandan S/o Mohan Lal shall be released on bail provided he 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 the satisfaction of the learned trial Court with the stipulation that he 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. [2025:RJ-JP:12327] (3 of 3) [CRLMB-2925/2025] 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and shall not make any contact with the victim in any manner. The petitioner shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 11. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /114