[2026:RJ-JD:576]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11616/2025 Mahendra S/o Narayan Ram, Aged About 26 Years, Resident Of Bhikamkor Police Station Matora District Phalodi. (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus

1. State Of Rajasthan, Through PP.

2. Leela W/o Hukma Ram, Resident Of Bhikamkor Police Station Matora District Phalodi.

----Respondents For Petitioner(s) : Mr. Jawant Suthar For Respondent(s) : Mr. Hanuman Prajapati, PP Mr. Shokat Ali for respondent No.2 HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/01/2026

1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.131/2025 registered at Police Station Matora, District Phalodi, for the offences under Sections 64(2)(f)(m) & 65(1) of the BNS; and Sections 3/4(2) & 5(l)(n)/6 of the POCSO Act.

2. Learned counsel for the petitioner submitted that during the pendency of the present bail application, the statements of victim ‘B’ and mother of the victim, namely, Leela have already been Drawing attention of this Court towards the statements of PW-1 & counsel for the petitioner submitted that victim ‘B’ and her mother during their Court statements, have not supported the prosecution story and have turned hostile and therefore, the chances of the petitioner getting convicted in the present case are very bleak.

3. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-

petitioner.

4. Per Contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the victim ‘B’ and her mother, during their Court statements, have not supported the prosecution story and have turned hostile. Learned counsel for the complainant submitted that since the victim ‘B’ and her mother, during their Court statements, have not supported the prosecution story and have turned hostile, he has no objection in case the petitioner is enlarged on bail.

5. 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.

6. Consequently, this bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Mahendra S/o Narayan Ram arrested in connection with F.I.R. No.131/2025 registered at Police Station Matora, District Phalodi, 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.

7. 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

66-Dinesh/-