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2026 DAILYLAW 8660 (RAJ)

MAROOF KATRI S/O RAFIQ @ CHINNA v. STATE OF RAJASTHAN

/2398/2026 · 2026-06-02

Sangeeta Sharma V J

body2026

Judgment text

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[2026:RJ-JP:22829] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2398/2026 Maroof Katri S/o Rafiq @ Chinna, Aged About 19 Years, Resident of Behind Noorani Mosque, Ward No.3, Balara, Police Station Balara, District Sikar (Raj.). (At Present Confined In District Jail, Sikar) ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Kamlesh Kumar Sharma Mr. Kuldeep Singh Ms. Sushila Choudhary For State For Complainant : : Mr. Shree Ram Dhakar, PP Ms. Bharti Sharma for Mr. Achintya Kaushik HON'BLE MRS. JUSTICE SANGEETA SHARMA (V.J.) Order 02/06/2026 1. This bail application has been filed on behalf of the accused- petitioner under Section 483 of BNSS in connection with FIR No. 109/2025 registered at Police Station Balara, District Sikar for the offence(s) under Sections 64(1), 332(b), 351(2) & 351(3) of BNS, Sections 3 & 4 of POCSO Act. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that petitioner is behind the bars since 29.07.2025; that charge-sheet has already been filed against the accused-petitioner; trial will take its own time, so no fruitful purpose would be served by keeping the petitioner behind the bars and, therefore, prays that the petitioner may be granted the benefit of bail under Section 483 of BNSS. [2026:RJ-JP:22829] (2 of 2) [CRLMB-2398/2026] 3. Per contra, learned Public Prosecutor and learned counsel for the petitioner vehemently have opposed the bail application and submitted that there is a clear and specific allegation of committing rape against the accused-petitioner and FSL/DNA Report corroborates with the statement of the victim. So, the accused-petitioner may be enlarged on bail under Section 483 BNSS. 4. Considering the overall facts and circumstances of the case and material available before this Court in the form of Charge- sheet along with statements of the victim recorded during trial, and the rival submissions advanced by the learned counsel for the parties; that during investigation, the statement of victim was recorded under Section 183 BNSS, wherein she has categorically stated that accused-petitioner has committed rape upon her, and furthermore, there is no substantial retraction in her statement recorded during the trial. Further, FSL/DNA Report submitted before the Court also corroborates her statements. Therefore, without expressing any merits/demerits of the case, this Court does not deem it fit to enlarge the petitioner on bail. 5. Accordingly, this present Criminal Miscellaneous Bail Application is dismissed. 6. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (SANGEETA SHARMA (V.J.)),J 41/SHIVANI