[2026:RJ-JD:7569]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15045/2025 Ekamram S/o Pukhraj, Aged About 37 Years, Balada, Police Station Anandpur Kalu, Tehsil Jaitaran District Beawar, Rajasthan (At Present Lodged At Jaitaran Jail)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Mangilal S/o Bhanwar Lal, Chawandiya Kalan, Jaitaran, District Beawar, Rajasthan.

----Respondents For Petitioner(s) : Mr. Shrijeet Singh Solanki For Respondent(s) : Mr. Hanuman Singh, PP HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

11/02/2026

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. 187/2024 dated 13.04.2024, Police Station Jaitaran, Bewar for the offences under Sections 143, 365, 323 and 506 of IPC, 1860.

2. Learned counsel for 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 during the trial, the testimony of prosecutrix has been recorded as PW-2, wherein, she has alleged the offence of sexual assault against Rakesh so also against Manohar Lal, Patel, Ekamram and Sawai Singh. While referring to her cross-examination, he submits that there were consensual relations between prosecutrix and Rakesh who unfortunately committed suicide while he was in judicial custody. The story narrated by the prosecutrix in the cross-examination itself indicates that she stayed with Rakesh for almost a month, on her own free will. Learned counsel for the petitioner submits that prior to recording the statement of prosecutrix during trial, the role assigned to the petitioner in the present crime was distinguishable from the role assigned to co-accused Sawai Singh. However, after the statement of prosecutrix was recorded in the trial, the role assigned to the present petitioner is not distinguishable from the role assigned to Sawai Singh who was granted bail by a Co-ordinate Bench of this court while considering the bail application in S.B. Criminal Misc. Bail Application No.5779/2025 vide order dated 30.01.2026. The role of the petitioner as narrated by the prosecutrix (PW-2) in her statement is not distinguishable from the role assigned to the present petitioner. The petitioner is in judicial custody since 11.11.2025 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.

3. Learned Public Prosecutor vehemently opposes this bail application and submits that there is serious allegation of committing sexual assault on the present petitioner and therefore, he may not be enlarged on bail. However, learned public prosecutor is not in a position to refute the fact that the role assigned to the present petitioner vis-a-vis the role assigned to Sawai Singh is not distinguishable, more particularly in view of the witness testimony of prosecutrix (PW-2).

4. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

5. Having considered the rival submissions, facts and circumstances of this case and after perusing the charge-sheet so also considering the statement of prosecutrix (PW-2), so also considering the fact that co-accused Sawai Singh has been enlarged on bail whose role is not distinguishable from that of the petitioner, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner-Ekamram S/o Pukhraj, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum o