RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This instant application for bail filed under Sec. 483 of BNSS by the petitioner-accused Raj Kumar S/o Shri Chotelal in FIR No. 440/2024 dtd. 24/10/2024 registered at P.S. Reengus District-SIkar, whereby the petitioner-accused has charged under Sec. 137(2) of BNS and Sec. 84 of Jevenile Justice (Care and Protection of Children) Act, 2015.

(2.) Learned Counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. He further submitted that the complainant who is father of victim has registered a report on 24/10/2024 about elopement of his daughter on 23/10/2024 but without naming any person responsible for elopemtn. He further submits that during investigation this victim was recovered and her statements under Ss. 180 and 183 of BNSS were recorded. He further submits that the medical of this victim was conducted and no injury was found in the medical. He also referred statement of Ajeet Kumar under Sec. 180 of BNSS and submitted that he has stated to the police that on 23/10/2024 Raj Kumar was working in factory and till 29/10/2024 and he has worked from 8.00 AM to 8.00 PM. He further submits that victim was examined as PW-1 before the Trial Court on 23/5/2025 and she specifically stated that Kanhiya has committed rape with her. He further submits that victim has named Kanhiya for committing rape with her but in defence she has admitted that neither Raj Kumar has kidnapped her nor he committed any rape with her. He submitted that present petitioner accused is in custody and on date of incident and thereafter he was working in factory but police has named him as abettor and accompanied to accused Kanhiya. At last, he submits that this case is assigned by legal aid.

(3.) Aforesaid contentions were opposed by learned Public Prosecutor. He submits that the report received from PS Reengus and also intimation slip to complainant.