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Rajasthan High Court – Jodhpur
Kanhaiyalal @ Kana Gurjar vs State Of Rajasthan (2025:Rj-Jd:18809) on 17 April, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:18809]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 970/2025
Kanhaiyalal @ Kana Gurjar S/o Shrawan Gurjar, Aged About 26
Years, R/o Saradhana Ka Badiya, Gordhanpura, Police Station
kareda, Dist Bhilwara. (At Present Lodged In Dist Jail Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. TRS Sodha
Mr. CP Rajora
For Respondent(s) : Mr. Prem Singh, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
17/04/2025
1. Heard learned counsel for the parties and perused the
material available on record.
2. The present bail application has been filed under Section 439
Cr.P.C. (Section 483 B.N.S.S.) on behalf of the petitioner, who is in
custody in connection with F.I.R. No.119/2024 dated 12.05.2024,
registered at Police Station Kareda, District Bhilwara, for the
offences under Sections 452, 376, 506 of IPC.
3. Learned counsel for the petitioner submits that the petitioner
has falsely implicated in this case as the case is of consensual
relationship. He further submits that the petitioner and the victim
were also in contact with each other through telephonic talk,
which is evident from the perusal of the statement of victim under
Section 161 Cr.P.C. He also submits that as per the medical report,
the victim has not received any injury. He further submits that the
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[2025:RJ-JD:18809] (2 of 2) [CRLMB-970/2025]
victim is 24 years old. He further submits that the trial of the case
will take long time and no useful purpose would be served by
keeping him behind the bars, therefore, the petitioner may be
enlarged on bail.
4. Per contra, learned Public Prosecutor opposed the bail
application but is unable to refute the submissions made by
learned counsel for the petitioner.
5. Having regard to the entirety of facts and circumstances of
the case as available on record, this Court finds that prima facie it
appears to be a case of consensual relationship and before the
incident took place the petitioner and the victim were friends and
having telephonic conversation with each other, thus, without
expressing any opinion on the merits/demerits of the case, this
Court is of the opinion that the petitioner deserves to be released
on bail.
6. Accordingly, the bail application filed under Section 483 of
Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 is allowed
and it is ordered that the accused-petitioner Kanhaiyalal @ Kana
Gurjar S/o Shrawan Gurjar, arrested in relation to F.I.R.
No.119/2024 dated 12.05.2024, registered at Police Station
Kareda, District Bhilwara, shall be enlarged on bail provided he
furnishes a personal bond in 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 as and when called upon to do so.
(DR. NUPUR BHATI),J
37-amit/-
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