How granting bail on the understanding that the victim had turned hostile in the trial, rendering the case facts uncertain and likely to require lengthy proceedings, the High Court allowed the bail application.
Accused petitioner enlarged on bail upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2025:RJ-JD:760]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13871/2024 Lokesh S/o Ratan, Aged About 22 Years, R/o Narsingh Magri Anjana, P.s. Arthuna, Dist. Banswara. (Presently Lodged At Dist Jail Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
| ----Respondent |
|---|
| For Petitioner(s) | : Mr. Aniket Tater |
|---|---|
| For Respondent(s) | : Mr. Vikram Singh Rajpurohit, Dy.G.A. |
| Mr. Ravindra Singh Bhati,Asst.G.A. |
HON'BLE MR. JUSTICE FARJAND ALI Order
06/01/2025
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 202/2022 |
| 2. | Concerned Police Station | Arthuna |
| 3. | District | Banswara |
| 4. | Offences alleged in the FIR | Under Section 376 of the IPC as well as Section 5/6 of the POCSO Act |
| 5. | Offences added, if any | Under Sections 363, 366, 344 and 376(2)(n) of the IPC and Section 5(l)/6 of the POCSO Act |
| 6. | Date of passing of impugned order |
29.08.2024 |
[2025:RJ-JD:760]
[CRLMB-13871/2024]
(2 of 2)
the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
(FARJAND ALI),J
302-Ashutosh/-
1 issue framed by the court
Whether bail ought to be granted to the accused in a case involving offences under Section 376 IPC and the POCSO Act given the victim's hostile stance in court.
5 provisions across 3 enactments
Lokesh S/o Ratan
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
