[2025:RJ-JD:54142]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 10482/2025

Premaram S/o Shri Dharmaram, Aged About 28 Years, Naradhana Police Station Mundwa Nagaur (Presently Lodged In

Dist. Jail Nagaur)

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. Lalita W/o Shri Sahdev, Naradhna Mundwa District

Nagaur

----Respondents

For Petitioner(s) : Mr. Ravi Panwar

For Respondent(s) : Mr. Sameer Pareek, PP

Mr. Vijay Bishnoi for complainant

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

16/12/2025

1. This bail application has been filed by the accused petitioner u/S 483 B.N.S.S. in connection with FIR No. 98/2025 registered at Police Station Mundwa, District Nagaur for offences under Sections

115(2), 351(3), 332(2) and 64(2)(M) of BNS.

2. Heard.

3. Considered the submissions made by the learned counsel for the petitioner as well as the learned Public Prosecutor and the

counsel for the complainant.

4. The allegations against the accused petitioner are that he committed rape upon the prosecutrix and also threatened her that if she disclosed this to her father-in-law, he would murder her

husband, children and father-in-law and further threatened to viral the photos and videos.

5. Counsel for the petitioner submits that the accused petitioner is aged about 28 years and the prosecutrix is aged about 30 years and has two children. He further submits that both the accused and the prosecutrix were in a consensual relationship, however, when the father-in-law of the prosecutrix came to know this fact, the prosecutrix lodged this report with false and fabricated facts.

6. Counsel for the petitioner submits that accused petitioner is in custody since 02.08.2025 and he is no longer required for any kind of interrogation or recovery and the police has already submitted the charge-sheet in the matter. Counsel for the petitioner has also submitted that the alleged incident is of 10.07.2025 whereas the FIR has been lodged after a delay of 6 days on 16.07.2025 for which there is no explanation in the First Information Report.

7. Learned Public Prosecutor as well as the learned counsel for the complainant vehemently opposed the bail application and submits that the allegations against the accused petitioner are of serious and grave nature as there are specific allegations of rape against him under the threat of making the obscene photos and videos viral.

8. On consideration of submissions made by learned counsel for the petitioner and so also the averments made in the First Information Report, the possibility of a consensual relationship between the accused petitioner and the prosecutrix and so also lodging of this criminal case which has the probability of false allegations cannot be ruled out. The police has already completed the investigation and has filed the charge-sheet and the accused petitioner is in custody since 02.08.2025 and there is no explanation for the delay in lodging the First Information Report.

9. Taking into consideration the overall facts and circumstances of the case, this Court without expressing any opinion on merits/demerits of the case, deems it just and proper to enlarge the petitioner on bail.

10. Accordingly, this bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(GANESH RAM MEENA),J

66-neha/-