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[2026:RJ-JD:6686]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 1664/2026

Sanju @ Raju S/o Nand Lal, Aged About 20 Years, Resident Of

Badvaskhurd, Police Station Arnod, District Pratapgarh,

Rajasthan.

(At Present Lodged In District Jail Pratapgarh)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Vijay Kumar Gaur

For Respondent(s) : Mr. Prem Singh Panwar, PP

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

05/02/2026

1. The present bail application has been filed by the accused-

applicant under Section 483 of the B.N.S.S., 2023 against the

order dated 23.01.2026 passed by learned Sessions Judge,

Pratapgarh in Bail Application No.34/2026 arising out of FIR

No.155/2025, registered at Police Station Arnod, District

Pratapgarh for the offences punishable under Sections 87 & 64(1)

of BNS, 2023 by which the bail application of the accused-

applicant under Section 483 of the B.N.S.S., 2023 has been

dismissed.

2. Learned counsel for the accused-applicant submits that the

accused-applicant has been falsely implicated in the present case.

Learned counsel further submits that, the FIR was initially lodged

against the accused-applicant for the allegation of kidnapping of

his wife/prosecutrix. The statement of the prosecutrix under

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Section 180 of the BNSS was recorded on 24.09.2025, wherein

she has deposed that she left her house on her own and neither

she was kidnapped by anybody nor she was subjected to rape by

anyone. However, in her statement recorded under Section 183 of

the BNSS, she has deposed that the accused-applicant kidnapped

her and also raped her.

3. Learned counsel for the accused-applicant further contends

that the prosecutrix has changed her version between her

statements recorded under Sections 180 and 183 of the BNSS.

The accused-applicant has been in judicial custody since

20.11.2025 and the trial is likely to take a considerable time to

conclude. Therefore, it is prayed that the accused-applicant be

extended the benefit of bail.

4. Learned Public Prosecutor vehemently opposes the present

bail application.

5. Heard learned counsel for the parties and also perused the

material available on record.

6. Considering the overall facts and circumstances of the case,

looking to the period of custody of the accused-applicant; the fact

that the applicant is behind bars since 20.11.2025 and the

prosecutrix has given contradictory statement during prosecution;

that the charge-sheet has been filed; and that the trial is likely to

take a long time to conclude, and without expressing any opinion

on the merits or demerits of the case, this Court deems it proper

to allow the bail application filed by the applicant.

7. Consequently, this bail application filed under Section 483 of

the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant

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Sanju @ Raju S/o Nand Lal, arrested in connection with FIR

No.155/2025, registered at Police Station Arnod, District

Pratapgarh shall be released on bail; provided he furnishes

personal bond in the sum of Rs.50,000/- and two solvent attested

sureties of Rs.25,000/- each to the satisfaction of the trial Court.

8. Applicant shall be required to appear before that Court on all

dates of hearing and as and when called upon to do so.

(ASHUTOSH KUMAR),J

97-GKaviya/-

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