[2026:RJ-JD:3743]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14935/2025 Vijay Alias Biju Lal S/o Shri Kushal, Aged About 23 Years, Resident Of Village Angora, Ps Deogarh, District Pratapgarh, Rajasthan (Lodged In Dist. Jail, Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Hanuman Ram Prajapati, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

21/01/2026 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.147/2025 registered at Police Station Devgarh, District Pratapgarh, for the offences under Sections 87 and 64(1) of BNS.

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, who is aged about 23 years, has been falsely implicated in the present case. Drawing the attention of the Court towards the FIR and the statements of the victim recorded under Sections 180 and 183 of the BNSS, learned counsel submitted that as per the victim’s own version, she is pursuing B.A. First Year in an institution situated at Manohargarh, District Pratapgarh, and the petitioner is her classmate. It was alleged that on 19.10.2025 at about 10:00 p.m., the petitioner came to her house in an intoxicated condition and forcibly took her to a kacha house, where she was subjected to forcible sexual assault.

Learned counsel further submitted that the allegations contained in the FIR as well as in the statements of the victim recorded under various provisions of the BNSS clearly indicate that the petitioner and the victim, being classmates, were in a love relationship. It was contended that on the date of the alleged incident, the victim had voluntarily accompanied the petitioner and entered into a consensual physical relationship with him. However, when this fact came to the knowledge of her family members, the petitioner was falsely implicated in the present criminal case.

Lastly, learned counsel submitted that the petitioner is in judicial custody, the investigation has already been concluded, and the trial of the case is likely to take a considerable time.

Therefore, the petitioner deserves to be enlarged on bail.

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

Having considered the rival submissions, the facts and circumstances of the case, as well as the FIR and the statements of the victim recorded under Sections 180 and 183 of the BNSS, this Court is of the prima facie opinion that the possibility of the victim having left her house of her own volition and having entered into a consensual physical relationship with the petitioner cannot be ruled out at this stage.

This Court also prima facie finds that the investigation against the petitioner has already been completed and the learned Public Prosecutor has not expressed any apprehension regarding the petitioner influencing the prosecution witnesses or absconding, in the event of his release on bail. Accordingly, 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 Vijay Alias Biju Lal S/o Shri Kushal arrested in connection with F.I.R. No.147/2025 registered at Police Station Devgarh, District Pratapgarh, 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 ba