[2025:RJ-JD:52497]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. 2^nd Bail Application No. 4744/2025

Harishchandra S/o Narayanlal, Aged About 29 Years, R/o Rebariyo Ki Dhani, Rabcha, P.s.- Nathdwara, District- Rajsamand

(At Present Lodged In Dist. Jail Rajsamand)

----Petitioner

Versus

State Of Rajasthan, Through PP.

----Respondent

For Petitioner(s) : Mr. Sudhir Saruparia

For Respondent(s) : Mr. Vikram Rajpurohit, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

04/12/2025

1. This second application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.342/2023 registered at Police Station Nathdwara, District Rajsamand, for offences under Sections 384 & 372(2)(n) IPC; and Sections 66-E & 67-A of the Information

Technology Act.

2. Learned counsel for the petitioner submitted that the prosecutrix, who is a mature married woman, has falsely implicated the petitioner in a criminal case. Learned counsel submitted that as per prosecution, the petitioner captured obscene photographs of the prosecutrix and thereafter by threatening her to circulate them on social media platforms, committed forcible

sexual assault/rape with her on multiple occasions.

3. Learned counsel submitted that as a matter of fact, the petitioner and the prosecutrix, who is living separately from her

husband, were in consensual relationship. Learned counsel submitted that on turning relations between them strained, the petitioner has been falsely implicated in this case. Learned counsel submitted that the statements of the prosecutrix have already been recorded before the competent Criminal Court, therefore, now there is no apprehension of the petitioner influencing her.

4. Lastly, learned counsel submitted that the petitioner is in judicial custody since 25.08.2023 and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

5. Per Contra, learned Public Prosecutor has opposed the bail application and submitted that in the present case, specific allegation of forcible sexual assault/rape and blackmailing on the strength of obscene photographs of the prosecutrix has been levelled against the petitioner. He further submitted that the petitioner had circulated the obscene photographs of the prosecutrix on the social media platforms and therefore, looking to the allegation levelled against the 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 is in judicial custody since 25.08.2023; the investigation has already been concluded; the statements of prosecutrix have already been recorded before the competent Criminal Court and therefore, now there is no apprehension of the petitioner influencing her; and the petitioner does not have any criminal antecedents and till date, out of total 18 cited prosecution witnesses, statements of 10 cited prosecution witnesses have been recorded before the competent criminal Court and the trial is not likely to be concluded in near future. 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 of BNSS is allowed. It is ordered that the accused-petitioner Harishchandra S/o Narayanlal arrested in connection with F.I.R. No.342/2023 registered at Police Station Nathdwara, District Rajsamand, 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.

9. It