[2025:RJ-JD:50038]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 11721/2025 Rajesh Singh S/o Sanvar Singh, Aged About 18 Years, Resident of Bhadasar Police Station Moulasar District Didwana-Kuchaman.

(At Present Lodged In District Jail, Nagaur)

----Petitioner Versus

1. State of Rajasthan, Through PP.

2. Durga Devi W/o Sukhdev, Resident of Bhadsar Tehsil Didwana District Didwana-Kuchaman.

----Respondents For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Narendra Gehlot, PP with Mr. Omprakash Choudhary, AGA HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/11/2025

1. This second bail application under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.25/2024 registered at Police Station Moulasar, District Deedwana-Kuchaman, for the offences under Sections 342, 452, 354 & 354-A of the IPC; Sections 7/8 & 11/2 of the POCSO Act and Sections 67 & 67-B of the IT Act.

2. Learned counsel for the petitioner submitted that the petitioner, who is aged about 19 years, is in judicial custody since 10.02.2024 and is facing trial for the offences under Sections 342, 452, 354 & 354-A of the IPC; Sections 7/8 & 11/2 of the POCSO Act; and Sections 67 & 67-B of the IT Act. Learned counsel further submitted that the maximum punishment provided for the offences allegedly committed by the petitioner is five years.

3. Learned counsel submitted that the statements of victim ‘R’ have already been recorded before the competent Criminal Court influencing her. Learned counsel further submitted that the petitioner does not have any criminal antecedents and till date, out of total 21 cited prosecution witnesses, statements of 06 witnesses have been recorded before the competent Criminal Court and the delay in trial is not at all attributable to the present petitioner.

4. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time and therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that the victim ‘R’ in her Court statements has clearly stated that she was molested by the present petitioner and the incident was captured by the petitioner on mobile phone which was later made viral by him. He further submitted that looking to the seriousness of the allegations levelled against the present petitioner, he does not deserve to be enlarged on bail.

6. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

7. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner, who is aged about 19 years, is in judicial custody since 10.02.2024 and the statements of victim ‘R’ have already been recorded before the competent Criminal Court and therefore, now Court also prima facie finds that the statements of only 06 prosecution witnesses out of total 21 cited prosecution witnesses have been recorded before the competent Criminal Court and the delay in trial is not at all attributable to the present petitioner. The learned Public Prosecutor has also not shown any apprehension of the petitioner influencing the remaining material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/ demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the second bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Rajesh Singh S/o Sanvar Singh arrested in connection with F.I.R. No.25/2024 registered at Police Station Moulasar, District Deedwana-Kuchaman, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, t