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2026 DAILYLAW 5027 (RAJ)

RAJU @ ROHIT S/O MAHAVEER v. STATE OF RAJASTHAN

CRLMB/2484/2026 · 2026-04-16

Praveer Bhatnagar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2484/2026 Raju @ Rohit S/o Mahaveer, Date Of Birth 03.06.2007, R/o Kalsavda, Police Station Naugava, District Alwar (Raj.) (At Present Accused Petitioner Confined In Central Jail, Alwar). ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Complainant Prosecutrix Ka S/o Pya, R/o Police Station Naugava, District Alwar (Raj.) ----Respondents For Petitioner(s) : Mr. Gurvindra Singh For Respondent(s) : Mr. Vivek Chaudhary, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 16/04/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 268/2025 registered at Police Station Nougawa, District Alwar for the offences under Sections 115(2), 126(2), 351(2) and 96 of BNS and Section 5 and 6 of POCSO Act and Section 84 of Juvenile Justice Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that initially the report was lodged against four persons and alleged that on 12.07.2025 victim "X" (minor boy of 10 years) was subjected to sexual abuse by the present petitioner and other three co-accused persons. It is contended that after investigation police did not find commission of offence by other named co- (2 of 3) [CRLMB-2484/2026] accused namely Lovepreet @ Gaura and Salim and submitted charge-sheet against present petitioner and a juvenile. The juvenile in conflict with law has already been enlarged on bail. It is also contended that statement of victim PW-2 "X" has already been recorded, victim in his statement has deposed that he got injury at his private part, however concerned medical jurist PW-4 after examining the witness did not find any injury on the private part of the victim. It is also contended that victim's clothes and swab were procured for DNA analysis. In the FSL report no semen or blood was detected in the Ano-rectal swab and smear of the victim. The police also categorically concluded that complainant who is the father of the victim had property dispute with the other co-accused who have been named in the complaint. The accused- petitioner is in custody since 03.09.2025 and the 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 contended that PW-2 victim in his examination in chief has clearly deposed against the present petitioner and also alleged that he was subjected to sexual abuse by the other co- accused also, therefore, considering the above facts and the fact that the age of the victim at the relevant time was only ten years, the bail application of the petitioner deserves to be dismissed. The intimation report served upon the complainant is taken on record. No one appeared on behalf of the complainant, despite service. 4. Heard and perused the material available on record. (3 of 3) [CRLMB-2484/2026] 5. Considering the arguments advanced by learned counsel for the parties and looking to the fact that accused-petitioner is in custody since 03.09.2025 and the trial of the case may take considerable time, therefore, without commenting 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 Raju @ Rohit S/o Mahaveer, in connection with FIR No. 268/2025 registered at Police Station Nougawa, 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 the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu/40