Vinod Kumar S/O Shri Banwari Lal Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 15838/2024

Vinod Kumar S/o Shri Banwari Lal, Aged About 46 Years, R/o Raghunathpura, At Present Resident Of Near Gurudwara, Shyopur, Police Station Shyopur Kotwali, District Shyopur (Madhya Pradesh)

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(At Present In District Jail Sawai Madhopur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Rajneesh Gupta, Adv. Mr. Vishnu Bohra, Adv. For Respondent(s) : Mr. Shri Ram Dhakar, PP Mr. Ravindra Kumar, Adv.

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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08/01/2025

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The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.117/2024, registered at Police Station Mahila Thana (Sawai Madhopur), District Sawai Madhopur for the offence(s) under Sections 64(1), 351(2) of BNS.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. It is argued that the accused-petitioner and the prosecutrix were in relationship and the prosecutrix was in contact with the accused-petitioner through mobile phone. It is also argued that in between 23.10.2024 to 23.11.2024, the accused-petitioner has received 57 incoming calls from the prosecutrix and the accused-petitioner

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[CRLMB-15838/2024]

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also called the prosecutrix 46 times. It is also contended that the allegations of blackmailing and circulating the obscene photographs is also perse-false, Police did not file charge-sheet under Sections 66 and 67 of the I.T. Act. It is contended that whatsoever happened between the accused-petitioner and the prosecutrix was with the consent. It is also contended that the prosecutrix stayed with the accused-petitioner in hotel at Sawai Madhopur on 23.10.2024 and that fact has been confirmed through the hotel manager Ajay Bairwa, thereafter the report was lodged on 23.11.2024. It is also argued that on 23.11.2024 the prosecutrix herself came at Sawai Madhopur and stayed in the same hotel. It is argued in the pressure of the husband, the accused-petitioner has falsely been implicated in the case of rape. The accused-petitioner is behind the bars since 27.04.2024, charge-sheet has been produced before the concerned Court and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

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Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. 4. Learned counsel appearing on behalf of the complainant submits that in the pretext of blackmailing, the accused-petitioner committed rape with the prosecutrix on 23.10.2024 and 23.11.2024 in the hotel at Sawaimadhopur. It is also contended that the police did not conduct the investigation in a proper manner and submitted the charge-sheet within a period of one month, police also did not collect the photographs of the prosecutrix and also did not analyze the mobile phone recovered

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from the accused-petitioner, therefore, the bail application of the accused-petitioner may be dismissed.

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Heard and perused the material available on the record. 6. Charge-sheet has been produced before the concerned Court, police did not find any offence committed for the offence under Section 67 of the I.T. Act and blackmailing. It is not desirable to express anything on the merits of the case and considering the arguments advanced by counsel for the petitioner, I deem it just and proper to enlarge the accused-petitioner on bail. 7. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Vinod Kumar S/o Shri Banwari Lal, in connection with FIR No.117/2024, registered at Police Station Mahila Thana (Sawai Madhopur), District Sawai Madhopur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-168

Vinod Kumar S/O Shri Banwari Lal v. State of Rajasthan

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Vinod Kumar S/O Shri Banwari Lal v. State of Rajasthan

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