[2026:RJ-JD:9082]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 15762/2025 Panchu Singh S/o Shri Devi Rawat, Aged About 27 Years, R/o Chachiwas, Police Station Gegal District Ajmer Raj. (At Present Lodged In Dist. Jail Bhilwara)

----Petitioner Versus

1. State Of Rajasthan, Through Public Prosecutor

2. Gugankumari D/o Shri Kamal Kishore Purohit, R/o 37 Ajad Nagar Bhilwara ----Respondents For Petitioner(s) : Mr. Hapu Ram For Respondent(s) : Mr. Narendra Gehlot, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/02/2026 This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.403/2025 registered at Police Station Pratap Nagar, District Bhilwara, for the offences under Sections 376(2)(n) and

384 of IPC and Sections 5(l)/6 of POCSO Act.

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

Learned counsel for the petitioner submits that, in the present case, the FIR has been lodged after a delay of more than two years from the date on which the victim ‘K’ was allegedly subjected to forcible sexual assault by the petitioner for the first time. It is contended that, as per the prosecution, the victim came into contact with the petitioner in August, 2023 while she was pursuing NEET coaching at Lakshya Institute, where the petitioner was employed as a receptionist.

According to the victim, on the pretext of handing over certain notes, the petitioner took her to his house, where she was subjected to forcible sexual assault. It is further alleged that the petitioner recorded obscene videos and photographs of the victim and, by threatening to circulate the same, subjected her to repeated sexual assault and also extorted money from her.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated. Referring to the statements of the victim recorded before the competent Criminal Court as PW-01, it is argued that the material on record is sufficient to prima facie indicate that, after coming into contact with the petitioner, the victim developed a liking for him and voluntarily entered into a relationship. It is further submitted that the petitioner had advanced a sum of ₹2,50,000/- to the victim and, when the said amount was not returned, the relationship between them deteriorated, resulting in the lodging of the present FIR out of vengeance.

Lastly, learned counsel submits that the petitioner is in judicial custody and that the trial is likely to take considerable time; therefore, it is prayed that he be enlarged on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, the facts and circumstances of the case, and having perused the statements of the victim recorded before the competent Criminal Court as PW-

01, as well as the photographs annexed with the case file, this Court prima facie finds that the possibility of the petitioner and the victim having been in a relationship cannot be ruled out at this stage. It is also noted that no satisfactory explanation has been furnished for the delay of more than two years in lodging the FIR. The statement of the victim has already been recorded before the competent Criminal Court and, therefore, the possibility of influencing her appears to be minimal. The petitioner does not have any criminal antecedents, and the learned Public Prosecutor has not demonstrated any specific apprehension of the petitioner influencing the remaining material prosecution witnesses or absconding if released on bail. Thus, without expressing any opinion on the merits or demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Panchu Singh S/o Shri Devi Rawat arrested in connection with F.I.R. No.403