Rajasthan High Court – Jodhpur
Mohd. Majhar @ Faisal vs State Of Rajasthan (2025:Rj-Jd:28375) on 2 July, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:28375]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2486/2025
Mohd. Majhar @ Faisal, S/o Mohd. Rustam, aged about 25 years,
R/o Dhayharna, PS Rajon, Dist. Banka, Bihar.
(At present lodged at Central Jail, Jodhpur).
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. XX s/o XX, aged about 55 years, R/o Skoda Company Ke
Samne, Jhugi Jhopdi, PS Basni, Jodhpur City West,
Rajasthan.
----Respondent
For Petitioner(s) : Mr. Divkar Sharma
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
02/07/2025
1. The instant bail application has been filed by the petitioner
under Section 483 BNSS (439 Cr.P.C.), who is in custody in
connection with the FIR No.42/2025 dated 28.01.2025 registered
at the Police Station Basni, District Jodhpur City West, for the
offences under Sections 137(2), 96, 87, 64(2)(M) and 64(1) of
BNS and Sections 3/4, 5(L)/6 and 16/17 of the POCSO Act.
2. The allegations levelled by the complainant-respondent No.2
against the petitioner is of kidnapping the minor daughter of the
complainant on the pretext of marrying her.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case. While drawing attention of
this Court towards the charge-sheet, learned counsel for the
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petitioner submits that minor ‘P’ in her statement recorded under
Section 183 BNS has stated that she initiated friendship with the
present petitioner and also exchanged phone numbers. He further
submits that she was having a love affair with the petitioner, as
stated by her. He further submits that she has also stated in her
statement that on the date of the incident, she left the house
without informing her parents and she forced the petitioner to
come to her house and take her away. Thereafter, petitioner and
‘P’ went to Agra by train and thereafter, to Bihar as stated by her.
Learned counsel for the petitioner further submits that ‘P’ has also
stated in her statement that despite being aware of the fact that
petitioner is married and is having two children, she married the
petitioner and they were living like husband and wife.
4. Learned counsel for the petitioner also submits that the
mother of ‘S’ in her statement under Section 180 BNS has stated
that she has doubts that the petitioner has lured her daughter on
the pretext of marriage and also committed rape upon her
whereas, father of ‘S’ in his statement under Section 180 BNS has
stated that he has apprehension that the petitioner may commit
rape with his daughter. Learned counsel submits that it is a case
of consent and ‘S’ on her will and volition left the house of the
complainant without informing her parents and married the
petitioner. He also submits that the petitioner has no previous
criminal antecedents. On these grounds, learned counsel for the
petitioner implored the Court to grant indulgence of bail to the
petitioner.
5. Per contra, learned Public Prosecutor opposes the bail
application.
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6. Having carefully considered the submissions advanced by the
learned counsel for the parties and having regard to the entirety
of facts and circumstances of the case as available on record;
looking to the fact that the trial will take a long time to conclude
and without expressing any opinion on the merits/demerits of the
case, this Court deems it fit to enlarge the petitioner on bail.
7. Consequently, the bail application is allowed. It is ordered
that the accused petitioner Mohd. Majhar @ Faisal, S/o Mohd.
Rustam arrested in connection with FIR No.42/2025 dated
28.01.2025 registered at the Police Station Basni, District Jodhpur
City West, shall be released on bail; provided he furnishes a
personal bond in the sum of Rs.50,000/- and two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Court, with
a stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.
(DR. NUPUR BHATI),J
56-/Devesh/-
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