Vishnu Kumar S/O Sohan Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Vishnu Kumar S/O Sohan Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court, with appearance before that Court on all dates till conclusion of the trial.

Issue for consideration

Whether the petitioner, accused under Section 376 of IPC in FIR No.0060/2025 of Police Station-Atalbandh, District-Bharatpur, should be released on bail under Section 483 of BNSS.

Court's answer

On consideration of rival submissions and material on record, the court inclined to grant benefit of bail considering the admitted fact mentioned in the FIR and all facts and circumstances, expressly without expressing any opinion on the merits/demerits of the case.

Ratio / Principle

The bail application under Section 483 B.N.S.S. is allowed; petitioner Vishnu Kumar S/o Sohan Singh is to be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court, and to appear before that Court on all dates till conclusion of the trial.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous Bail Application No. 3924/2025, decided 01/05/2025 by Hon'ble Mr. Justice Pramil Kumar Mathur: Bail granted under Section 483 of BNSS to Vishnu Kumar S/o Sohan Singh (aged about 23), accused under Section 376 of IPC in FIR No.0060/2025 of P.S. Atalbandh, District-Bharatpur. Grounds weighed: per the FIR, an admitted fact that the victim had performed marriage with the petitioner and resided with him for around three years despite which the FIR was lodged with an inordinate delay of around three years (per petitioner's counsel); charge-sheet filed; petitioner behind bars since 03.03.2025. Bail allowed without expressing any opinion on the merits/demerits of the case, on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to appearance before the trial court on all dates till conclusion of trial. Learned Public Prosecutor and counsel for the complainant opposed the application. No precedent cases cited or engaged with.

[2025:RJ-JP:18304]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 3924/2025

Vishnu Kumar S/o Sohan Singh, Aged About 23 Years, R/o Vijay Nagar Colony, Police Station Atalband, Bharatpur. (Presently Confined At Central Jail Sewar, Bharatpur)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Naresh Kumar Gupta, PP Mr. Jagdish Nagar

HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order

01/05/2025

The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.0060/2025 registered at Police Station-Atalbandh, District-Bharatpur for the offence under Section 376 of IPC.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The FIR has been lodged with an inordinate delay of around three years. On the perusal of the FIR, it is an admitted fact that the victim has performed the marriage with the petitioner and resided with him around three years. Charge-sheet has been filed. The petitioner is behind the Bar since 03.03.2025. No fruitful purpose would be served keeping the petitioner in further custody. The trial of the case may take

[2025:RJ-JP:18304]

[CRLMB-3924/2025]

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considerable time, hence the bail application of the petitioner may be allowed.

Learned Public Prosecutor as well as counsel for the complainant has vehemently opposed the bail application.

On consideration of the rival submission and material available on record, considering the admitted fact as mentioned in the FIR and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.

Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner -Vishnu Kumar S/o Sohan Singh shall be released on bail on his furnishing 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 court for his appearance before that Court on all the dates till conclusion of the trial.

(PRAMIL KUMAR MATHUR),J

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