[2025:RJ-JD:54199]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 8478/2025

Shanti S/o Mohan, Aged About 25 Years, R/o Wadikua, Bassiada, Ps Motagaon, Dist-Banswara. (Rajasthan). (Presently Lodged In

Jail Banswara)

----Petitioner

Versus

1. State Of Rajasthan, Through Public Prosecutor

2. Anjana Ninama D/o Nanu Ninama, 2. R/o- Wadikua,

Bassiada, Ps Motagaon, Dist-Banswara. (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Raghuveer Singh Bhati For Respondent(s) : Mr. Sri Ram Choudhary, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/12/2025

This application for bail under Section 483 BNSS has been

filed by the petitioner who has been arrested in connection with F.I.R. No.98/2025 registered at Police Station Ghatol, District Banswara, for the offences under Sections 127(4), 137(2), 65(1) of BNS; Sections 5(l)/6 and 3/4 of POCSO Act and Section 67 of IT

Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the

petitioner has falsely been implicated in the present case. It was contended that a perusal of the FIR, challan papers, and the statements of the victim ‘A’ recorded under various provisions of the BNSS clearly indicates that it is a case of the victim running

away with the petitioner on her own free will and volition and staying with him for more than three months at Ahmedabad (Gujarat).

Learned counsel further submitted that while the victim was in the company of the petitioner at Ahmedabad, she, despite having ample opportunities, did not disclose to anyone that she had been forcibly abducted or subjected to sexual assault by the petitioner.

Lastly, learned counsel submitted that the petitioner is in judicial custody; the investigation has already been completed; and the trial of the case is likely to take a considerable time to conclude. Therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor vehemently opposed the bail application.

Having considered the rival submissions and the facts and circumstances of the case, this Court prima facie finds that the contention raised by learned counsel for the petitioner—that the victim, who is 17 years of age, ran away with the petitioner on her own free will and volition—cannot be brushed aside at this stage. This Court further prima facie finds that while the victim was in the company of the petitioner, she, despite having sufficient opportunities, did not disclose to anyone that she had been forcibly abducted or subjected to sexual assault.

The learned Public Prosecutor has not expressed any apprehension of the petitioner influencing the material prosecution witnesses or fleeing from justice in the event of his being enlarged on bail. Thus, without expressing any opinion on the merits or demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Shanti S/o Mohan arrested in connection with F.I.R. No.98/2025 registered at Police Station Ghatol, District Banswara, 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.

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.

(KULDEEP MATHUR),J

46-divya/-