[2025:RJ-JD:54921]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15090/2025 Ramawatar @ Rakesh S/o Badar Ram, Aged About 24 Years, Resident Of Pundlu Police Station Gotan District Nagaur. (At Present Lodged In District Jail, Nagaur.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Bhura Ram S/o Lichhman Ram, Resident Of Village Nimbadi Chandawata P.s. Kuchera District Nagaur.

----Respondents For Petitioner(s) : Mr. Lal Singh Rathore For Respondent(s) : Mr. Sameer Pareek, PP HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

18/12/2025

1. Learned Public Prosecutor has placed before this Court a document showing that the victim and complainant have already been intimated as regards the hearing of this bail application. The same is taken on record.

2. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.131/2025 registered at the Police Station Kuchera, District Nagaur for the offences punishable under Sections 137(2), 127(2), 64(2)(M) of BNS and Section 5(L)/6, 16/17 of POCSO Act.

3. Heard.

4. Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

5. Learned counsel for the petitioner submits that the FIR has been lodged after a delay of 3 days for which there is no explanation in the FIR. He also submits that the version of the victim at the stage of first information report, the statements recorded under Section 180 B.N.S.S., 2023 and thereafter under Section 183 B.N.S.S., 2023, is not consistent. He also submits that the accused-petitioner is in judicial custody since 10.07.2025 and the Police after investigation has already submitted a charge- sheet. He further submits that the victim is a married lady and as per the contents of the first information report, she has willingly gone with the accused-petitioner. He further submits that the co- accused Mahendra and Ramdev have already been enlarged on bail by a Coordinate Bench of this Court in CRLMB No.13194/2025 and 9815/2025 vide orders dated 14.11.2025 and 17.10.2025.

6. Learned Public Prosecutor opposed the bail application and submits that the victim is a minor girl through she may be married but her consent has no meaning.

7. On consideration of the submissions made by learned counsel for the petitioner and perusal of the statements of the victim recorded under Section 180 and 183 B.N.S.S., 2023 and so also the contents of the first information report, there seems to be variation in the allegations.

8. Looking to the divergent version of the victim and the fact that charge-sheet has been filed; co-accused Mahendra and Ramdev have already been enlarged on bail by a coordinate Bench of this Court and the accused-petitioner is in judicial custody since 10.07.2025, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail.

9. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(GANESH RAM MEENA),J

163-amit/-