Rajasthan High Court – Jodhpur
Bhura @ Bhuralal vs State Of Rajasthan (2025:Rj-Jd:18461) on 15 April, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:18461]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14069/2024
Bhura @ Bhuralal S/o Lt. Shri Narayan Banjara, Aged About 24
Years, R/o Bajipura @ Ranchodpura, P.s. Sadar Nimbahera, Dist.
Chittorgarh (Raj.). (Presently Lodged In Dist Jail Chittorgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rekha Lal Banjara W/o Lakshman Banjara, R/o Chenpura
Khadan, Baghana, Neemach (Mp). Currently Resident Of
Rada Ki Balad, Sadas, Chittorgarh (Raj.)
----Respondents
For Petitioner(s) : Mr. Ashok Khilery
For Respondent(s) : Mr. Sarwan Singh, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
15/04/2025
1. Heard learned counsel for the parties and perused the
material available on record.
2. The present bail application has been filed under Section 483
of Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023/439 Cr.P.C.
on behalf of the petitioner, who is in custody in connection with
F.I.R. No.70/2023 dated 03.10.2023, registered at Police Station
Sadas, District Chittorgarh, for the offences under Sections 363,
366, 376(2), 376(3) of IPC and Section 5(L)/6 of POCSO Act.
3. Learned counsel for the petitioner submits that the victim in
her statement recorded on 27.02.2025 has stated that on account
of a fight occurred between her and her husband, she went to her
aunt’s house upon which her mother lodged a missing complaint.
Learned counsel further submits that the victim in cross
examination has stated that the petitioner has not committed
(Downloaded on 15/04/2025 at 09:40:03 PM)
[2025:RJ-JD:18461] (2 of 2) [CRLMB-14069/2024]
wrong with her. He further submits that no useful purpose would
be served by keeping the petitioner behind the bars. Thus, the
petitioner may be enlarged on bail.
4. Per contra, learned Public Prosecutor opposed the bail
application, however, is not in a position to refute the submissions
of the learned counsel for the petitioner.
5. Despite service of notice, nobody is present on behalf of
respondent No.2.
6. In view of above and, having regard to the entirety of facts
and circumstances of the case as available on record and looking
to the fact that the victim in cross examination has stated that the
petitioner has not committed any wrong with her and that the trial
will consume time, 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.
7. 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 Bhura @ Bhuralal
S/o Lt. Shri Narayan Banjara, arrested in relation to F.I.R.
No.70/2023 dated 03.10.2023, registered at Police Station Sadas,
District Chittorgarh, 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
15-amit/-
(Downloaded on 15/04/2025 at 09:40:03 PM)
Powered by TCPDF (www.tcpdf.org)