Rajasthan High Court – Jodhpur
Suraj Kanwar vs State Of Rajasthan (2025:Rj-Jd:33727) on 30 July, 2025
[2025:RJ-JD:33727]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8484/2025
Suraj Kanwar D/o Futer Singh, Aged About 22 Years,
Akorapadar, Police Station Ahore, Distance Jalore. (Lodged In
Jodhpur Jail)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Chandan Singh S/o Ram Singh, Akorapadar, Ahore,
District Jalore
----Respondents
For Petitioner(s) : Mr. Chandrasen Rathore
For Respondent(s) : Mr. Prem Singh Panwar, PP
None present for the complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
30/07/2025
Learned Public Prosecutor has submitted a report dated
21.07.2025 wherein it is mentioned that the notice upon
respondent No.2 has duly been served. The same be taken on
record.
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.115/2025 registered at Police Station
Ahore, District Jalore, for offences under Sections 137(2), 127(2),
64(2)(F)(M) of the BNS and Section 16/17, 5(L)/6 of the POCSO
Act and 84 of the JJ Act read with 61(2) of BNS.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
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Learned counsel for the petitioner submits that the petitioner
is a 22 year old woman and a friend of complainant. The allegation
against the petitioner is of providing a mobile to the accused
Vikram Singh against whom the allegation of rape alleged by the
prosecutrix ‘S’ whose date of birth is 22.11.2008 i.e. 16 years, 6
months old. He further submits that as per the statement of
prosecutrix recorded under Section 183 of the BNSS, she named
the petitioner only to the extent of providing mobile to the
accused Vikran Singh.
Learned counsel submits that the petitioner is in custody
since 08.07.2025 and the trial of the case will take sufficiently
long time, therefore, the benefit of bail may be granted to the
accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail
application. However, he is not in a position to refute the fact that
the allegation against the petitioner is only to the extent of
Section 16/17 of the POCSO Act and the prosecutrix is aged about
16 years 8 months as per the date of birth i.e. 22.11.2008.
Having considered the rival submissions, facts and
circumstances of the case; after perusal of the record; more
specifically the statement which was recorded under Section 183
of the BNSS Act and considering that the trial of the case will take
sufficiently long time, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
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[2025:RJ-JD:33727] (3 of 3) [CRLMB-8484/2025]
Suraj Kanwar D/o Futer Singh, arrested in connection with
F.I.R. No.115/2025 registered at Police Station Ahore, District
Jalore, shall be released on bail, if not wanted in any other case,
provided she furnishes a personal bond of Rs.50,000/- and two
sureties of Rs.25,000/- each, to the satisfaction of learned trial
court, for her appearance before that court on each & every date
of hearing and whenever called upon to do so till completion of the
trial.
(MUKESH RAJPUROHIT),J
201-Hanuman/-
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