[2025:RJ-JD:49410]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13460/2025 Sharwan Kumar S/o Hanuman Ram, Aged About 22 Years, R/o Beejrad Police Station Beejrad District Barmer (At Present Lodged In Jail Pokhran District Jaisalmer)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Tribhuwan Singh For Respondent(s) : Mr. Narendra Chandawat, PP HON'BLE MR. JUSTICE SANDEEP SHAH

Order

17/11/2025

1. The applicant has filed the present bail application being aggrieved against the order dated 31.10.2025 passed by the learned Additional Session Judge, Pokhran in Criminal Misc. Case No.196/2025 (CIS No.196/202525), whereby the bail application filed by the accused-applicant under Section 483 of B.N.S.S. was rejected. The accused-applicant is behind the bars, pursuant to the F.I.R. No.43/2025 registered at Police Station Sankra, District Jaisalmer against the accused-applicant for the offences punishable under Section 77 of BNS and Sections 55(D), 67 of Information Technology (Amendment) Act, 2000.

2. Heard learned counsel for the parties and perused the material available on record.

3. Learned counsel for the applicant submits that applicant was engaged with the prosecutrix and thereafter the engagement was called off. He further submits that the applicant is in platonic love with the prosecutrix and, therefore, used to call the prosecutrix via phone and there is no allegation of any threat being made by the applicant. He further submits that as per the recovery, no obscene video has been recovered and only regular photographs have been recovered from the mobile phone of the applicant. He further submits that the applicant is behind the bars since 25.10.2025. He, therefore, implores this Court to allow the present Criminal Miscellaneous Bail Application.

4. Per contra, the learned Public Prosecutor opposes the application, however, he is not in a position to dispute the fact that that no alleged obscene video has been recovered from the mobile phone of the applicant.

5. Having considered the arguments advanced by both the sides and having regard to the facts and circumstances of the case, including the facts that the applicant is behind the bars since 25.10.2025, no obscene video was recovered, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the applicant on bail.

6. Consequently, the bail application under Section 483 B.N.S.S. is allowed. It is ordered that the accused-applicant Sharwan Kumar S/o Hanuman Ram arrested in connection with F.I.R. No.43/2025 registered at Police Station Sankra, District Jaisalmer 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, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial Court shall not get prejudiced by the same.

(SANDEEP SHAH),J

195-charul/-