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Rajasthan High Court – Jodhpur
Virma Ram vs State Of Rajasthan (2025:Rj-Jd:32066) on 22 July, 2025
[2025:RJ-JD:32066]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3360/2025
Virma Ram S/o Nawala Ram, Aged About 28 Years, R/o
Lapudada, Police Station Gida, District - Balotra, Rajasthan.
(At Present Lodged In Sub Jail, Pokaran)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Vikas Vishnoi
For Respondent(s) : Mr. Hanuman Prajapati, Public
Prosecutor
Mr. Arun Kumar for the complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
22/07/2025
The instant 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.103/2024, registered at
Police Station Falsund, District Jaisalmer, for the offences under
Sections 376, 376(2)(n), 406, 420, 354 & 509 of the IPC.
Heard learned counsel for the petitioner, learned Public
Prosecutor and the learned counsel for the complainant. Perused
the material available on record.
Learned counsel for the petitioner submits that there were
consensual relations between the petitioner and the
complainant/victim and to substantiate his argument, learned
counsel for the petitioner has drawn attention of this Court
towards the messages and the bank transactions made between
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the petitioner and the complainant/victim. Learned counsel for
the petitioner further submits that the date of incident as alleged
by the complainant is 02.05.2024, whereas the FIR was registered
on the complaint of the complainant/victim on 02.11.2024, which
is almost a delay of about six month.
Learned counsel for the petitioner further submits that the
charge-sheet has been filed and the petitioner is in judicial
custody since 25.11.2024 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 and the learned counsel
for the complainant have vehemently opposed the bail application.
It is contended by the learned counsel for the complainant
that petitioner was having some objectionable photographs of the
complainant/victim in his mobile phone, therefore, he was
continuously threatening and pressurizing the complainant to
make physical relations with him. Learned counsel for the
complainant further submits that the petitioner has taken gold
from the complainant and took gold loan from it. He, therefore,
submits that looking to the seriousness of the offence, the
petitioner may not be enlarged on bail.
In response to the argument aforesaid, learned counsel for
the petitioner contended that the at the time of taking loan, the
petitioner as well as the complainant/victim was also present in
the Bank.
Having considered the rival submissions, facts and
circumstances of the case, after perusing the record, considering
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the fact that the challan has been filed and the petitioner is in
judicial custody since 25.11.2024 and the trial of the case will take
significant 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
Virma Ram S/o Nawala Ram, arrested in connection with F.I.R.
No.103/2024, registered at Police Station Falsund, District
Jaisalmer, 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.
(MUKESH RAJPUROHIT),J
14-Ramesh/-
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