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2025 Supreme(Online)(RAJ) 6704
[2025:RJ-JD:16263]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1942/2025 Lakshmanlal S/o Ratanlal, Aged About 32 Years, Nayaghar Panotiya, Ps Kunwariya, Distt. Rajsamand (Raj.) (At Present Lodged At Jail Rajsamand)
----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1245/2025 Afsana Shah D/o Mohammad Ismile, Aged About 23 Years, R/o Navratan Colony, Bandiyawala Kankroli, Ps Kankroli , Dist Rajsamand Raj (Presently Lodged At Dist Jail Rajsamand)
----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1794/2025 Jannat Banu W/o Rafiq Khan, Aged About 28 Years, R/o Mahadev Mandri Ke Pass, Police Station Kunwariya Dist. Rajsamand (Raj.)
(Presently Lodged In Dist. Jail, Rajsamand)
----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shambhoo Singh Rathore Mr. Gopal Sandhu Mr. Bharat Gurjar For Respondent(s) : Mr. N.K. Gurjar, AAG with Mr. Sameer Pareek, PP HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
27/03/2025
1. These applications for bail under Section 483 of BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.01/2025 registered at Police Station Kankroli, District Rajsamand, for the offence under Section 308(2), 309(4) and 61(2)
(a) of the BNS.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the FIR and challan papers, learned counsel for the petitioners submitted that the allegation against the present petitioners is of honey trapping the complainant to extort money from him. As per the prosecution, certain photographs of the complainant and the petitioner-Afshana were captured by the co-accused persons in a pre-planned manner by setting him up and thereafter, by threatening him to circulate the same they had extorted a huge amount from the complainant.
4. Lastly, learned counsel for the petitioners submitted that the petitioners are in judicial custody; investigation against them has already been concluded; no recovery is due to be made from them and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
5. Per Contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the investigation against the present petitioners has already been concluded.
6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.
7. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioners namely Lakshmanlal S/o Ratanlal, Afsana Shah D/o Mohammad Ismile and Jannat Banu W/o Rafiq Khan arrested in connection with F.I.R. No.01/2025 registered at Police Station Kankroli, District Rajsamand, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for their 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 (300-302)-Dinesh/-
