Rajasthan High Court - Jodhpur
Subhash vs State Of Rajasthan (2025:Rj-Jd:27176) on 16 June, 2025
[2025:RJ-JD:27176]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5466/2025
Subhash S/o Rajendra, Aged About 22 Years, R/o Shyampura,
Nichlafala, Police Station Kalyanpur, Dist. Udaipur. (At Present
Lodged At District Jail, Udaipur) ----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Gatulal S/o Madhu Meena, R/o Bharda Fla Panidesar,
Rishhadev, Udaipur, Raj. ----Respondents
For Petitioner(s) : Mr. Digvijay Singh Chouhan for
Mr. Anuj Sahlot
For Respondent(s) : Mr. Shreeram Choudhary, Public
Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Judgment
16/06/2025
This application for bail under Section 483 BNSS (Earlier
Section 439 Cr.P.C.) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.269/2023, registered at
Police Station Rishabhdev, District - Udaipur, for the offences
under Sections 363, 366A, 376(2) & 376(3) of IPC and 5/6 of
POCSO Act.
Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that as per the
prosecution story, the complainant and his family were sleeping
when the petitioner allegedly lured the complainant's minor
daughter and took her away with him. Learned counsel further
submits that the petitioner has been falsely implicated in the
present case. Learned counsel submits that the challan has
already been presented in the present case. Learned counsel
[2025:RJ-JD:27176] (2 of 3) [CRLMB-5466/2025]
further submits that the petitioner is in judicial custody since long
and the trial of the case will take sufficiently long time, therefore,
the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor on the other hand has vehemently
opposed the bail application.
Having considered the rival submissions, facts and
circumstances of the case; taking into consideration the statement
of the prosecutrix recorded before the trial court and her cross
examination as well as the statement of her parents also recorded
before the trial court, wherein, the prosecutrix has stated that she
left her parents house as per her own free will and started living
with the petitioner voluntarily and without compulsion, subsequent
to which, she also married the petitioner and is having a child with
him, while, the father of the prosecutrix has stated that the
prosecutrix had not told him about the said incident, whereas, the
mother of the prosecutrix, has stated that the prosecutrix left the
house without telling her and started living with the petitioner;
considering that the challan of the case has been presented and
the trial of the case would take sufficiently long time, therefore,
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 BNSS
(Earlier Section 439 Cr.P.C.) is allowed and it is ordered that the
accused-petitioner - Subhash S/o Rajendra, arrested in
connection with F.I.R. No.269/2023, registered at Police Station
Rishabhdev, District - Udaipur, shall be released on bail, if not
wanted in any other case, provided he furnishes a personal bond
in sum of Rs.50,000/- along with two sureties of Rs.25,000/-
[2025:RJ-JD:27176] (3 of 3) [CRLMB-5466/2025]
each, to the satisfaction of learned trial Court, for his appearance
before that Court on each and every date of hearing and whenever
called upon to do so till completion of the trial.
(CHANDRA PRAKASH SHRIMALI),VJ
99-Mrityunjay Singh Rathore/-
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