[2026:RJ-JD:163]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14611/2025 Harsan @ Harish S/o Babulal, Aged About 23 Years, Resident Of Keshwana Police Station Bishangarh District Jalore (Presently Lodged At Jail District Jalore)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Shri Sardara Ram S/o Savaji Mali, Resident Of Keshwana Ps Bishangarh District Jalore Mo 7975161881 ----Respondents For Petitioner(s) : Mr. Aditya Singh Rathore. For Respondent(s) : Mr. Lalit Kishore Sen, PP.

Mr. Bhakti Singh.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/01/2026 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.83/2025 registered at Police Station Bishangarh, District Jalore, for offences under Sections 137(2), 87 and 64(1) of BNS and Sections 3/4 and 5(l)/6 of the POCSO Act.

Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the statements of the victim ‘D’ (PW-1) and the complainant Sardara Ram (PW-2) have already been recorded before the competent criminal Court. Drawing attention of the Court towards the statements of the victim and the complainant, learned counsel for the petitioner submitted that both the material prosecution witnesses, during their court statements, have not supported the prosecution story and have been declared hostile. Learned counsel submitted that since both the material prosecution witnesses, during their court statements, have not supported the prosecution story, the chances of the petitioner getting convicted in the instant case are very bleak.

Learned counsel submitted that the petitioner is in judicial custody and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the bail application. However, they were not in position to refute the fact that the victim and the complainant, during their court statements, have not supported the prosecution story and have been declared hostile.

Having considered the rival submissions, facts and circumstances of the case, 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 of BNSS is allowed. It is ordered that the accused-petitioner Harsan @ Harish S/o Babulal arrested in connection with F.I.R. No.83/2025 registered at Police Station Bishangarh, District Jalore, 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

87-Tikam/-