HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ASHUTOSH KUMAR
KUMARAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 1137 / 2026
[2026:RJ-JD:7810]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1137/2026 Kumaram S/o Sita Ram, Aged About 36 Years, Resident Ofchowkidaro Ka Bas, Asop, Police Station Asop District Jodhpur.
At Present Lodged In Central Jail, Jodhpur ----Petitioner Versus
1. State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Avinash Acharya Mr. Ravindra Acharya For Respondent(s) : Mr. Prem Singh Panwar, PP Mr. Ramniwas Sankhala, for complainant HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
11/02/2026
1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 18.12.2025 passed by learned Sessions Judge, Jodhpur District in connection with FIR No.130/2025, registered at Police Station Asop, District Jodhpur for the offences punishable under Sections 64(2)(M) of BNS, by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed.
2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. Learned counsel argues that the accused-applicant and the prosecutrix are neighbours. The prosecutrix is 35 years of age. As per the FIR, the first incident of rape was committed three months prior to the lodging of the FIR. It is further alleged in the FIR that the accused made some obscene photos and videos of the prosecutrix and threatened to circulate and make them viral. It is further contended that no obscene photos or videos were recovered from the accused-applicant, and no charge-sheet under any offence of the IT Act has been filed against him. Learned counsel also submits that although the prosecutrix underwent a medical examination but no evidence of forceful sexual intercourse was found. Learned counsel also argues that the accused- applicant was arrested on 08.12.2025 and since then, he is behind the bars. Learned counsel further contends that charge-sheet has been filed. Learned counsel prays that trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail.
3. On the other hand, learned Public Prosecutor and learned counsel for the complainant have vehemently oppose the bail application.
4. Heard learned counsel for the parties and also perused the material available on record.
5. Having regard to the facts and circumstances of the case and considering the facts that accused-applicant is behind the bars since 08.12.2025; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant.
6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Kumaram S/o Sita Ram arrested in FIR No.130/2025, registered at Police Station Asop, District Jodhpur shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.
7. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J
21-Arun/-
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