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2025 DIGILAW 972 (RAJ)

Naresh, S/o Shri Lal Singh v. State of Rajasthan, Through Pp

2025-03-27

KULDEEP MATHUR

body2025
Order : KULDEEP MATHUR, J. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.370/2023 registered at Police Station Kushalgarh, Dist. Banswara for the offences under Sections 376(2)(n) & 376 of IPC;and Section 5(l)/6 & 5(j)(ll)/6 of POCSO. 2. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Drawing attention of the Court towards the FIR, learned counsel for the petitioner submitted that the allegation against the present petitioner is that he subjected the victim to forcible sexual assault rape when she was attending a marriage function at her maternal uncle’s house on 19.09.2023. Drawing further attention of the Court towards the statements of the victim recorded under Section 161 Cr.P.C., learned counsel submitted that the victim who was aged about 17 years was having a consensual relationship with the present petitioner who is aged about 22 years. However, when the victim became pregnant and their relationship surfaced before their family members, the petitioner has been roped in a false criminal case. 3. Lastly, learned counsel submitted that the petitioner is in judicial custody since 31.01.2025; challan has already been filed in the present case; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. 4. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of the accusations levelled against the present petitioner, he does not deserve to be enlarged on bail. 5. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the argument of the learned counsel of the petitioner that the victim and petitioner were having a consensual relationship and when their relationship surfaced and victim became pregnant, the petitioner has been roped in a false criminal case, cannot be brushed aside at this stage. This Court also prima facie finds that the petitioner is in judicial custody; challan has already been filled against the present petitioner; and the prosecution has not shown any apprehension of the petitioner influencing the victim or tampering with the evidence or fleeing away from justice, in case he is enlarged on bail by this Court. This Court also prima facie finds that the petitioner is in judicial custody; challan has already been filled against the present petitioner; and the prosecution has not shown any apprehension of the petitioner influencing the victim or tampering with the evidence or fleeing away from justice, in case he is enlarged on bail by this Court. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. 6. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Naresh S/o Shri Lal Singh arrested in connection with F.I.R. No.370/2023 registered at Police Station Kushalgarh, Dist. Banswara shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial. 7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.