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[2026:RJ-JD:6249]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 1122/2026

Rajkumar Alias Ramkunwar S/o Shyamlal, Aged About 21 Years,

Resident Of Takhatpura, (Rajgarh Sinhadi) Thana Parsoli District

Chittorgarh (Lodged In Dist. Jail, Bhilwara)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Dhirender Singh, Sr. Adv. assisted

by Mr. Jagdish Singh

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

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

03/02/2026

1. This application for bail has been filed by the petitioner under

Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection

with FIR No.269/2025 dated 13.09.2025, Police Station Gangapur,

District Bhilwara, for the offences under Section 137(2) of the

BNS-2023. After filing challan, offences under Sections 87, 127(4)

& 64(2)(m) of BNS and Section 5(l)/6 of the Protection of Children

from Sexual Offences Act, 2012 have been added.

2. Learned Senior counsel appearing on behalf of the petitioner

submits that the petitioner has been falsely implicated in the case

and false allegations have been levelled against him. He further

submits that in the present case statement of victim was recorded

as PW/1. In her statement, the victim stated that her date of birth

is 20.04.2004 and she specifically denied any such incident as

alleged in the FIR. Subsequent thereto, statement of the

complainant, PW/2, was recorded, wherein she stated that victim’s

age at the time of incident was 20 years and that presently she is

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21 years of age. In her statement, she further stated that no

incident had ever occurred with her daughter nor she was

abducted nor sexually assaulted.

2.1 Learned Senior Counsel further submits that though in the

FIR it is stated that the date of birth of the victim is 20.04.2008,

which comes to about 17 years & 04 months of age, however, in

the statements of the victim (PW/1) so also the complainant

(PW/2) specifically asserted that on the date of incident she was

aged 20 years and as per victim the date of birth is 20.04.2004.

Based on the above submissions, it is contended by learned

Senior Counsel that the petitioner may be enlarged on bail.

3. Per contra, learned Public Prosecutor vehemently opposes

this bail application and submits that as per the birth certificate

and the school record, date of birth of the victim is 20.04.2008.

Relying on these documents, it is submitted that the victim was

minor at the time of incident and therefore, the petitioner is not

entitled to be enlarged on bail.

4. Heard learned counsel for the parties and perused the

challan papers.

5. In the present case, the Final Report was submitted after the

investigation, wherein investigating agency has noted the date of

birth of the victim to be 20.04.2008 and based on the statement

as recorded under Sections 180 & 183 BNS-2023, it has been

concluded that offence against the present petitioner is made out.

It is to be noted that subsequent thereto, statement of the victim

as well as the complainant were recorded as PW/1 & PW/2

respectively, wherein they specifically denied about the incident,

which is alleged in the FIR, more so, both have consistently stated

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that the age of the victim was 20 years at the time of incident and

even the date of birth is disputed as according to the version of

the victim date of birth is 20.04.2004. On the date of incident

whether the age of victim was below or above 18 years, is to be

decided in trial after leading of the evidence. However, prima facie

considering the statements of the victim and the complainant so

also considering the fact that the petitioner is in judicial custody

since 18.10.2025, in the considered opinion of this Court, no

fruitful purpose would be served by