[2026:RJ-JD:10649]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1942/2026 Anil Kumar S/o Aasuram, Aged About 29 Years, Resident Of Bhinchawa, Police Station Makrana, District Deedwana-

Kuchaman, Rajasthan.

(Presently Lodged In Sub Jail Parbatsar)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pravin Vyas For Respondent(s) : Ms. Sonu Manawat, 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 08.12.2025 passed by learned Additional Sessions Judge, Makrana, District Deedwana-Kuchaman in Bail Application No.129/2025 arising out of FIR No.345/2025, registered at Police Station Makrana, District Deedwana-Kuchaman for the offences punishable under Sections 376(2)(n), 384 and 366-A of IPC, 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 been falsely implicated in the present case. It is further submitted that the allegation against the accused- applicant pertains to committing rape upon the prosecutrix, who is about 25 years of age. As per the FIR, the allegation of committing rape was levelled not only against the present accused-applicant but also against one Pankaj and two to three other persons; however, only the present accused-applicant has been charge-sheeted and no offence has been alleged against the other persons. Learned counsel further submits that an allegation has also been levelled that the accused-applicant committed rape upon the prosecutrix in a hotel. In the statement of the hotel owner recorded under Section 183 BNSS, it has been clearly stated that the prosecutrix and the accused-applicant came to the hotel on 16.03.2024, thus, it is clear that the present case is one of a consensual relationship. Although the prosecutrix has made allegations against the accused-applicant of preparing obscene videos and photographs of her, but no such obscene videos or photographs has been recovered from the possession of the accused-applicant. The charge-sheet has been filed against the accused-applicant for offences under Sections 376(2)(n), 384, and

366-A of the IPC.

3. Learned counsel for the accused-applicant further contends that the accused-applicant was arrested on 05.11.2025 and has been in judicial custody since then. It is also submitted that the charge-sheet has been filed and the trial is likely to take a considerable time to conclude. Therefore, it is prayed that the accused-applicant be enlarged on bail.

4. Learned Public Prosecutor has vehemently opposed the bail application.

5. Heard learned counsel for the parties and also perused the material available on record.

6. Considering the overall facts and circumstances of the case, looking to the fact that the accused-applicant was arrested on 05.11.2025 and since then he is behind the bars; that the charge- sheet has been filed and trial will take long time to conclude, without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant.

7. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Anil Kumar S/o Aasuram, arrested in connection with FIR No.345/2025, registered at Police Station Makrana, District Deedwana-Kuchaman shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

8. 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

63-GKaviya/-