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2026 Supreme(Online)(Raj) 8790
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Ravi Chirania, J
Sher Singh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 11648/2025
For the Appellants/Petitioners: Anurag Sharma, Akshat Sharma, Anoop Meena
For the Respondents: Vijay Singh Yadav
Bail may be granted where the court finds the police investigation to be manipulative, flawed, and biased, especially when critical evidence like medical reports and statements are delayed, undermining the prosecution's case.
Headnote:The petitioner was accused of offences under Sections 189(2) and 103(1) of the Bharatiya Nyaya Sanhita, 2023, regarding an incident where a deceased person allegedly died after attempting to rape a minor girl. The petitioner contended that the deceased and another accomplice committed the rape and that the subsequent police investigation was biased and delayed, noting that the FIR for the rape was registered 18-19 days after the incident and medical examinations were significantly delayed. The court framed the issue around whether the investigation was fair and whether there was sufficient evidence to keep the petitioner in custody. The court observed that the investigation was "seriously flawed" and reflected "serious manipulation," specifically noting the failure of the Investigating Officer to promptly record statements under Section 183 B.N.S.S. or conduct medical exams, and the unjustified closing of the case against a co-accused. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that accused-petitioner Sher Singh S/o Shri Bharatlal shall be released on bail, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-
| Table of Content |
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| 1. summary of fir allegations and challenges to the timing and validity of the investigation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's determination that the investigation was biased, manipulative, and lacked corroboration. (Para 6 , 7) |
| 3. grant of bail and direction for fresh investigation and disciplinary action against the officer. (Para 8 , 9 , 10) |
1. This misc. bail application has been filed by the petitioner Sher Singh S/o Shri Bharatlal, aged about 32 years, who is behind the bars from 14.05.2025 in connection with the FIR bearing No.110/2025 dated 13.05.2025 registered at police station Balghat, District Karauli for the offences punishable under Sections 189(2) and 103(1) of B.N.S., 2023 .
2. Learned counsel for the petitioner submits that the alleged incident as reported by the complainant in respect of the occurence dated 11-12.05.2025, according to which, the deceased Naresh along-with his known/friend Dilkesh entered the house of the accused-petitioner and committed rape upon the daughter of Bharatlal aged about 14 years. He further submits that while he was committing the offence, it was noticed by the family members of the petitioner, who tried to catch him and in the process of fleeing from the spot, he struck against a wall, on account of which he suffered certain injuries. However, both the persons Naresh and Dilkesh ran away from the spot and no such incident happened in the house. Furthermore, the contents of the FIR as reported by the complainant reveal an apprehension on his part. The fact that the deceased Naresh, was alive when the complainant received the information and died on the way to the hospital, shows that there was no eye-witness of the said incident, as per the contents of the FIR.
3. Learned counsel further submits that the police conducted the investigation which revealed that the deceased, Naresh along with his known/friend, Dilkesh, committed rape on a minor girl aged about 14 years. This fact came to the knowledge of the Investigating Officer on 13.05.2025, and accordingly, the police registered the FIR bearing No.110/2025 on 13.05.2025. However, as argued by the learned counsel for the applicant, no FIR in respect of the rape allegedly committed by the deceased-Naresh and Dilkesh upon the minor girl was registered at that time. Thereafter, the FIR bearing No.129/2025 regarding the alleged commission of rape on the minor girl came to be registered by the Police on 29.05.2025 that is after almost 18-19 days from the date of alleged incident, which is stated to have occurred on the 11-12.05.2025.
4. Learned counsel submits that even after registration of the FIR on 29.05.2025, the police conducted one sided investigation against him in FIR bearing No.110/2025, however, in the FIR which was registered with a delay of 18-19 days, the statement of the minor girl was recorded on 18.06.2025 i.e. after a significant delay of approximately 20 days from the registration of FIR and more than a month form the date of alleged incident. He further submits that even the medical examination of the minor girl was conducted after a considerable delay, which has virtually destroyed the entire evidence of the serious allegations under the POCSO Act.
5. Learned counsel submits that the victim girl, aged about 14 years, made specific allegations of rape against the deceased Naresh and Dilkesh in the statement as recorded by the learned Judicial Magistrate on 18.06.2025, however, in disregard to this the police on the basis of their investigation came to the conclusion that the other person Dilkesh was not involved and that Naresh had already died and, therefore, no case was made out and the matter was closed.
6. After hearing these arguments of the learned counsel for the petitioner, this Court deemed it appropriate to direct the Investigating Officer to remain present before this Court in terms of the order of this Court dated 16.03.2026. Today, Mr. Murarilal, S.H.O., P.S. - Balghat, District – Karau
