[2026:RJ-JD:4716]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15699/2025 Lalit Singh S/o Bhairu Singh, Aged About 22 Years, Adinda Fala Motawat Police Station Kheroda District Udaipur Rajasthan (Presently Lodged At Central Jail Udaipur)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Mst. Nani D/o Bajaram, Khakhriya Khedi Thana Gigla District Slumber At Present Adinda Fala Motawat Thana Kheroda District Udaipur ----Respondents For Petitioner(s) : Mr. S.S. Shaktawat.

For Respondent(s) : Ms. Sonu Manawat, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

27/01/2026 Service of notice upon the respondent No.2 has been effected.

This 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.101/2025 registered at Police Station Gingla, District Salumber, for offences under Sections 64(2)(m) and 65(1) of BNS and Sections 5(j)(ii)/6 of the POCSO Act.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing the attention of the Court to the FIR and the statements of the victim recorded on 03.11.2025, learned counsel contended that the victim has categorically stated that she had started living with the petitioner about two years prior to the lodging of the FIR, out of her own free will and volition, and had developed consensual physical relations with him. In her statements, the victim has specifically denied having been subjected to any forcible sexual assault by the present petitioner. It was further submitted that the statements of the victim clearly demonstrate that no offence of forcible sexual assault is made out against the petitioner. Learned counsel also argued that the petitioner was under a bonafide belief that the victim was a major, as she voluntarily cohabited with him and consented to physical relations.

Lastly, it was submitted that the petitioner is in judicial custody; he does not have any criminal antecedents; the statements of the victim have already been recorded, and therefore, there is no apprehension of the petitioner influencing the victim or tampering with the evidence. It was also contended that the trial is likely to take a considerable period of time. On these grounds, prayer was made for enlarging the petitioner on bail.

Per contra, learned Public Prosecutor opposed the bail application. However, she was unable to dispute that the victim, in her statements, admitted to having lived with the petitioner of her own free will and volition and that the petitioner had no knowledge of her being a minor. The learned Public Prosecutor also could not point out any apprehension of the petitioner influencing the prosecution witnesses or absconding 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 bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Lalit Singh S/o Bhairu Singh arrested in connection with F.I.R. No.101/2025 registered at Police Station Gingla, District Salumber, 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 MATHUR),J

92-Tikam/-