Rajasthan High Court – Jodhpur
Sunil vs State Of Rajasthan (2025:Rj-Jd:3651) on 20 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:3651]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous IInd Bail Application No. 15876/2024
Sunil S/o Ram Singh, Aged About 23 Years, R/o Jhari Kunda, P.s.
Bhungda, Dist Banswara.. (At Present Lodged In Dist Jail
Banswara)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Sukhi W/o Kalu, R/o Jhari Kunda, P.s. Bhungda, Dist
Banswara..
----Respondents
For Petitioner(s) : Mr. Sumer Singh Jodha
For Respondent(s) : Mr. Neeraj Kumar Gurjar, GA cum
AAG with
Mr. Hathi Singh Jodha, PP
Mr. Sharwan Singh Rathore, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
20/01/2025
1. This application for bail under Section 483 of BNSS has been
filed by the petitioner who has been arrested in connection with
F.I.R. No.58/2022, registered at Police Station Bhungda, District
Banswara, for offences under Sections 341, 447, 323, 363, 307
and 376/511 of IPC; and Sections 3/4 read with Section 18 &
Sections 7/8 of POCSO Act.
2. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner contended that the
petitioner has been falsely implicated in the present case. Learned
counsel submitted that the statements of victim ‘J’ have already
(Downloaded on 21/01/2025 at 09:47:39 PM)
[2025:RJ-JD:3651] (2 of 3) [CRLMB-15876/2024]
been recorded before the competent Criminal Court on
01.08.2024 as PW-2. Drawing attention of the Court towards the
Court statements of the victim ‘J’, learned counsel for the
petitioner contended that though the victim ‘J’ in her examination-
in-chief has alleged that she was subjected to forcible sexual
assault-rape by the present petitioner but during her cross-
examination, victim ‘J’ has clearly stated that though she was
taken towards the jungle by the present petitioner but she was not
subjected to any wrong act/sexual assault-rape by him.
4. Drawing further attention of the Court towards the medical
examination report of the victim ‘J’, learned counsel for the
petitioner submitted that no internal or external injuries were
found on her private parts and hymen of the victim ‘J’ was also
found to be intact by the medical board at the time of her medical
examination.
5. Lastly, learned counsel contended that the petitioner is in
judicial custody; the investigation against the present petitioner
has already been completed and the challan against him has
already been submitted before the competent Criminal Court and
the trial against the petitioner is likely to consume sufficiently long
time, therefore, the benefit of bail may be granted to the accused-
petitioner.
6. Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submitted that looking to the
seriousness of allegations levelled against the present petitioner,
he does not deserve to be enlarged on bail. Learned counsel, thus,
prayed that the present bail application may be rejected.
(Downloaded on 21/01/2025 at 09:47:39 PM)
[2025:RJ-JD:3651] (3 of 3) [CRLMB-15876/2024]
7. Having considered the rival submissions, facts and
circumstances of the case and having perused the statements of
the victim ‘J’ recorded before the competent Criminal Court as
PW-2 and her medical examination report dated 26.04.2022,
without expressing any opinion on merits/demerits of the case,
this Court is inclined to enlarge the petitioners on bail particularly
since the prosecution has not shown any apprehension of the
petitioner influencing the remaining prosecution witnesses or
fleeing away from justice or tampering with the evidence, in case
he is enlarged on bail.
8. Consequently, the second bail application under Section 483
of BNSS is allowed. It is ordered that the accused-petitioner Sunil
S/o Ram Singh arrested in connection with F.I.R. No.58/2022,
registered at Police Station Bhungda, District 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.
(KULDEEP MATHUR),J
71-mohit/-
(Downloaded on 21/01/2025 at 09:47:39 PM)
Powered by TCPDF (www.tcpdf.org)
[ad_1]
Source link