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[2026:RJ-JD:5493]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 966/2026

Rakesh Kumar S/o Bhup Ram, Aged About 22 Years, Chak 3 Np

Dhani Ps Muklawa District Sriganganagar Raj. (At Present

Lodged In Central Jail Sri Ganganagar)

----Petitioner

Versus

1. State Of Rajasthan, Through PP

2. Tejpal Singh S/o Sohan Singh, Chak 2 NP Dhani PS

Muklawa District Sriganganagar.

----Respondents

For Petitioner(s) : Mr. Rahul Sharma

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

Mr. Amit Kumar for complainant

HON'BLE MR. JUSTICE KULDEEP MATHUR

ORDER

30/01/2026

1. 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.114/2025 registered at Police Station Muklawa, District

Sri Ganganagar, for the offences under Sections 332(b) of BNS;

Sections 5(l)/6 of POCSO Act in alternate Sections 64(2)(m) of

BNS and Sections 5(j)(ii)/6 of POCSO Act and Sections 3(2)(v) of

SC/ST Act.

2. Learned counsel for the petitioner submitted that as per the

prosecution, on 05.09.2025 the complainant submitted a written

report before the SHO of Police Station Muklawa, Sri Ganaganagar

alleging inter alia that Rakesh used to visit his house. Finding his

minor daughter alone, Rakesh would come and threaten her and

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has subjected her to forcible sexual assault/rape. He had

subjected her to forcible sexual assault/rape on multiple occasion

on a false pretext of marriage. His minor daughter (victim ‘J’) is

now five months pregnant. On the basis of aforesaid report, an

FIR was lodged at Police Station Muklawa against the present

petitioner for the offences under Sections 64(2)(m) and 332(b)

and Sections 5(j)(ii)/6 of POCSO Act and Section 3(2)(v) of SC/ST

Act and the investigation was commenced.

3. Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel vehemently submitted that it was only when victim ‘J’

became pregnant, the petitioner has been roped in a false criminal

case.

4. Learned counsel further submitted that the statements of the

victim ‘J’ have already been recorded before the learned trial

court, therefore, now there is no apprehension of the petitioner

influencing her, in case he is enlarged on bail. Learned counsel

submitted that DNA report dated 30.11.2025 for determination of

biological father of the baby resulted in negative with the DNA of

the accused petitioner. Therefore, as per the DNA report the

petitioner is not the biological father of the baby born to the victim

‘J’.

5. Lastly, learned counsel for the petitioner submitted that the

petitioner is in judicial custody since long; he does not have any

criminal antecedents; investigation in the matter has already been

concluded; challan has been filed; and the trial of the case will

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take sufficiently long time to conclude, therefore, the benefit of

bail may be granted to the accused petitioner.

6. Per Contra, learned Public Prosecutor and learned counsel for

the complainant have vehemently opposed the bail application.

Learned counsel for the complainant submitted that looking to the

seriousness of the allegations levelled against the present

petitioner, he does not deserve to be enlarged on bail.

7. Heard learned counsel for the parties. Perused the material

available on record.

8. Having considered the rival submissions, facts and

circumstances of the case, after perusing the case file including

the DNA report dated 30.11.2025 and the fact that the petitioner,

who is aged about 22 years is in judicial custody since long and he

does not have any criminal antecedents, coupled with the fact that

learned Public Prosecutor was not in a position to show any

apprehension of the petitioner influencing the remainin