[2026:RJ-JD:4812]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 13243/2025 Kalu Ram @ Megha Ram S/o Natthu Ram, Aged About 29 Years, Village Ramsisar, Chhajlaniya Police Thana Sardar Shahar, Distirct Churu Raj. (At Present Lodged In Dist. Jail Churu)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Om Rajpurohit.

For Respondent(s) : Mr. Ramesh Dewasi, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

27/01/2026 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.281/2024 registered at Police Station Ratangarh, District Churu, for offences under Sections 87 and

64(1) of BNS.

Drawing the attention of the Court to the FIR and the statements of the prosecutrix, learned counsel for the petitioner contended that, as per the allegations, on the date of the incident, when the prosecutrix ‘S’ was proceeding towards her agricultural field, she was forcibly taken on a motorcycle by the petitioner along with another person to Rohi (Adav), where she was allegedly subjected to forcible sexual assault. Learned counsel submitted that although the prosecutrix alleged that the offence was committed by the petitioner and one other unidentified person, after a thorough investigation, the police filed the challan only against the petitioner. Thus, the prosecution case, as narrated by the prosecutrix, was not found to be fully substantiated with respect to the alleged sequence of events. It was further submitted that the FIR and the statements of the prosecutrix recorded under various provisions of BNSS (Cr.P.C.), as well as the statements of other witnesses, clearly indicate that the petitioner and the prosecutrix were previously acquainted and were in a relationship. However, upon the relationship turning strained, the petitioner has been falsely implicated in the present criminal case. Learned counsel also contended that the statements of the prosecutrix have already been recorded and, therefore, there exists no apprehension of the petitioner influencing her or tampering with the prosecution evidence.

Lastly, it was submitted that the petitioner, aged about 29 years, is presently in judicial custody and the trial is likely to take a considerable period of time. On these grounds, a prayer was made for enlarging the petitioner on bail.

Per contra, learned Public Prosecutor opposed the bail application and submitted that the prosecutrix, in her statements recorded under various provisions of BNSS (Cr.P.C.), has categorically stated that she was subjected to forcible sexual assault by the petitioner and, considering the gravity and seriousness of the allegations, the petitioner does not deserve to be enlarged on bail. However, he was unable to retute that despite the prosecutrix alleging involvement of another unidentified person, the police has filed the challan only against the petitioner. The learned Public Prosecutor also could not point out any apprehension of the petitioner influencing the prosecutrix or other prosecution witnesses, or absconding from justice in the event of his release on bail.

Having heard learned counsel for the parties and upon perusal of the material available on record, and without expressing any opinion on the merits or demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Kalu Ram @ Megha Ram S/o Natthu Ram arrested in connection with F.I.R. No.281/2024 registered at Police Station Ratangarh, District Churu, 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