[2026:RJ-JD:10567]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1527/2026 Mukana Ram @ Mukesh Kumar S/o Sh.champa Lal, Aged About

27 Years, R/o Mahilawas P.S. Siwana District Balotra.

(Presently Lodged In District Jail Balotra)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kadir For Respondent(s) : Mr. Narendra Gehlot, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

26/02/2026

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 22.01.2026 passed by learned Special Judge, POCSO Act, Balotra in connection with FIR No.209/2025, registered at Police Station Siwana, District Balotra for the offences punishable under Sections 137(2), 64(1), 74, 115(2) of BNS and 3/4, 7/8 and 11/12 of the POCSO Act, 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 on the date of the incident, the age of the prosecutrix was 17 years. It is further submitted that a relationship existed between the accused and the prosecutrix, and they were in contact through telephone. The telephonic conversations between the accused and the prosecutrix have been collected during the investigation and made part of the record. It is contended that the relationship between the accused and prosecutrix was consensual. Learned counsel also argues that the accused-applicant was arrested on 30.11.2025 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 opposes the bail application and submits that the report received from Police Station Siwana states that the complainant has been duly informed about this bail application, but no one has appeared on behalf of the complainant before this Court.

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 the accused-applicant is behind the bars since 30.11.2025; 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 Mukana Ram @ Mukesh Kumar S/o Sh.champa Lal, arrested in FIR No.209/2025, registered at Police Station Siwana, District Balotra shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested 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

51-Arun/-