HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ASHUTOSH KUMAR
BHOMARAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 2535 / 2026
[2026:RJ-JD:10302]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2535/2026 Bhomaram S/o Sonaram, Aged About 40 Years, Resident Of Methipura Police Station Mandar District Sirohi Rajasthan. At Present In Judicial Custody At Sirohi Jail ----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Sanjan Devi W/o Late Shree Dinesh Kumar, Aged About
38 Years, Resident Of Methipure Police Sation Mandar District Sirohi Rajasthan.
----Respondents For Petitioner(s) : Mr. Arpit Surana For Respondent(s) : Ms. Sonu Manawat, PP For Complainant(s) : None present HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
25/02/2026
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 06.01.2026 passed by learned Sessions Judge, Sirohi arising out of FIR No.175/2025, registered at Police Station Mandar, District Sirohi for the offences punishable under Sections 64(1) and 351(3) 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 case. Learned counsel further submits that the prosecutrix is 38 years of age and a widow having three children. It is also submitted that in her statement given to the doctor at the time of medical examination, the prosecutrix stated that she had been in a relationship with the present accused-applicant for the past one year and was having an illicit relationship with him. She further admitted that she became pregnant from the accused-applicant. Learned counsel further submits that the prosecutrix used to remain in contact with the accused-applicant through the mobile phone of Somi Devi. The statement of Somi Devi has also been recorded under Section 180 of the BNSS. It is lastly submitted that the relationship between the parties was consensual and that since the prosecutrix became pregnant, therefore, the FIR has been lodged against the accused-
applicant.
3. Learned counsel for the accused-applicant contends that the accused-applicant was arrested on 05.12.2025 and since then, he is behind the bars. Learned counsel also contends that the charge- sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail.
4. Learned Public Prosecutor vehemently opposes 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 period of custody of the accused-applicant; 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 Bhomaram S/o Sonaram arrested in connection with FIR No.175/2025, registered at Police Station Mandar, District Sirohi 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 trial Court. 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
26-Arun/-
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