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2025 DAILYLAW 9846 (RAJ)

LAKHAN SINGH S/O SHRIRAMKHILADI v. STATE OF RAJASTHAN

CRLMB/3230/2025 · 2025-03-05

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:10288] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3230/2025 Lakhan Singh S/o Shriramkhiladi, R/o Dubeypura, Police Station Saipau, District Dholpur. (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. N.S. Dhakar, PP Mr. Prateek Khandelwal, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/03/2025 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.45/2025 registered at Police Station Saipau, District Dholpur for the offence under Section 64(1) of BNS. 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 perusal of the impugned order shows that no allegation has been levelled against the petitioner by the victim as well as eye witness in their statements recorded under Section 183 BNSS (164 Cr.P.C.). It is submitted that petitioner has no criminal antecedents and he is in custody since 08.02.2025. Further custody of the petitioner would not serve any fruitful purpose. Trial will take time in its conclusion. 3. Learned Public Prosecutor oppose the submissions made by the learned counsel for the petitioner. He submits that though, [2025:RJ-JP:10288] (2 of 2) [CRLMB-3230/2025] there is no allegation against the petitioner in the statement of victim recorded under Section 183 BNSS but there is allegation against the petitioner of commission of rape upon the victim in FIR and in the statement of victim recorded under Section 180 BNSS. 4. Learned counsel for the complainant submits that in the facts and circumstances, proper order may be passed by this Court. 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 the fact that there is no allegation of commission of rape against the petitioner in the statement of victim recorded under Section 183 BNSS, 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 - Lakhan Singh S/o Shriramkhiladi, 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. (ANIL KUMAR UPMAN),J CHARU SONI /237