[2025:RJ-JD:43457]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 4321/2025 Resham Singh S/o Shri Gorakha Singh, Aged About 30 Years, R/ o Ward No .02 ,nagrana ,ps Sangaria, District Hanumangarh, (Rajasthan) (Presently Lodged At Distt. Jail Hanumangarh)

----Petitioner Versus State Of Rajasthan, PP ----Respondent For Petitioner(s) : Mr. Durgesh Khatri For Respondent(s) : Mr. Narendra Gehlot, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

25/09/2025

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.460/2024 registered at Police Station Sangaria, District Hanumangarh, for the offences under Sections 64(1) of BNS.

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

3. Learned counsel for the petitioner submitted that as per the prosecution, on 01.08.2024, the complainant submitted a written report before the SHO of Police Station Sangariya alleging inter alia that on 30.07.2024, one Resham Singh S/o Gorakha Singh came to her house and told that her father – Laxman Singh has sent him as her grandmother is sick and was admitted in the hospital. Hearing this, she went with him and he took her behind Nagrana Gurudwara and subjected her to forcible sexual assault/rape at a gun point. He also took her earrings and fled from the spot.

4. Learned counsel submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that the petitioner and prosecutrix were having an old acquaintance and the petitioner has been implicated in the present case due to personal grudge. Learned counsel submitted that no such incident as stated by the complainant in the FIR ever took place. Learned counsel submitted that the petitioner is a major and married lady whose statements have already been recorded before the competent Criminal Court as P.W.-1, therefore, now there is no apprehension of the petitioner influencing her, in case he is enlarged on bail by this Court.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody since 14.08.2024 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of the offences levelled against the present petitioner, this bail application preferred by him deserves to be rejected.

7. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner and the prosecutrix were having a consensual relationship, however, on their relationship between them turning strained, the petitioner has falsely been roped in a criminal case by the prosecutrix. This Court also prima facie finds that the statements of prosecutrix have already been recorded before the competent Criminal Court as P.W.-1, now there is no apprehension of the petitioner influencing her. The learned Public Prosecutor has also not shown any apprehension of the petitioner influencing the remaining material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Resham Singh S/o Shri Gorakha Singh arrested in connection with F.I.R. No.460/2024 registered at Police Station Sangaria, District Hanumangarh, 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 w