[2026:RJ-JD:3871]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15362/2025 Vijay S/o Moonraj, Aged About 27 Years, Resident Of Harijan Mohalla Budsoo, Police Station Makrana, District Deedwana-

Kuchaman, Rajasthan. (Presently Lodged In Jail, Parbatsar)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pravin Vyas For Respondent(s) : Mr. Ramesh Dewasi, 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.273/2025 registered at Police Station Makrana, District Deedwana-Kuchaman for the offences under Sections 61(1)(2)(M)

and 308 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 prosecutrix who is a matured married woman has falsely implicated petitioner in the criminal case. Learned counsel for the petitioner further submits that as per prosecutrix about two and a half years prior to the date of lodging of the FIR when the prosecutrix was alone at home, petitioner came to her house and made her drink some intoxicant substance, when she fell unconscious she was subjected to forcible sexual assault by the petitioner, petitioner also captured her obscene videos and photographs, thereafter by threatening prosecutrix to viral her videos and photographs, she was subjected to sexual assault by the petitioner on multiple occasions. He further submitted that the allegations levelled against the petitioner are truly false. He further submitted that material available on record clearly indicates that the prosecutrix entered into consensual physical relationship with the present petitioner. No obscene videos and photographs of the prosecutrix allegedly used by the petitioner to blackmail and threaten have been recovered by the police, the petitioner has not even been charge-sheeted for the offences under Information Technology Act. He further submitted that as a matter of fact when the relationship between the petitioner and the prosecutrix came to be noticed by her in-laws the petitioner was roped in a false criminal case. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application, however, learned Public Prosecutor is not in a position to refute the fact that as per the prosecutrix, she was subjected to sexual assault on multiple occasions by the petitioner by threatening her to circulate her obscene photographs and videos, however, no obscene photographs and videos have been recovered from the petitioner’s mobile phone.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the Thus, without expressing any opinion on merits/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 S/o Moonraj arrested in connection with F.I.R. No.273/2025 registered at Police Station Makrana, District Deedwana-Kuchaman for the offences under Sections 61(1)(2)(M) and 308 of BNS, 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