[2026:RJ-JD:13440]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1589/2026 Pragan @ Pankaj S/o Biba, Aged About 19 Years, Resident Of Banjara Huts, Lesada Police Station, Keshrayapatan District, Bundi, Rajasthan. (Lodged In Dist. Jail Bhilwara)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Shanti Devi W/o Shankar Lal,, Resident Of Gordhanpura, Bijoliya, Bhilwara.

----Respondents For Petitioner(s) : Ms. Akshaya Shukla for Mr. Rishabh Shrimali. Mr. Narendra Godara.

For Respondent(s) : Mr. Narendra Gehlot, PP with Mr. Ravindra Singh Bhati.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/03/2026 This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.215/2024, Police Station Bijolia, District Bhilwara for the offences under Sections 137(2), 64(1) and 127(3) IPC and Section 3/4 of the POCSO Act.

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

Drawing the attention of this Court to the statements of the victim ‘T’, recorded before the competent criminal court as PW-1 on 12.02.2026, learned counsel for the petitioner submitted that the victim, in her court statements, has not supported the prosecution case and has turned hostile. Learned counsel submitted that, in view of the victim not supporting the prosecution case, the chances of conviction of the petitioner are bleak.

Learned counsel further submitted that the statements of the victim as well as other material prosecution witnesses have already been recorded; therefore, there is no likelihood of the petitioner influencing the witnesses or tampering with the evidence.

Lastly, learned counsel submitted that the petitioner is in judicial custody and that the trial is likely to take considerable time; therefore, it was prayed that the benefit of bail be granted to the accused-petitioner.

Per contra, learned Public Prosecutor vehemently opposed the bail application; however, he was not in a position to refute the fact that the victim (PW-1), in her court statements, has not supported the prosecution case and has turned hostile.

Having considered the rival submissions and the facts and circumstances of the case, and without expressing any opinion on the merits or demerits of the case, this Court is inclined to enlarge the petitioner on bail..

Consequently, the second bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Pragan @ Pankaj S/o Biba arrested in connection with F.I.R. No.215/2024, Police Station Bijolia, District Bhilwara 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 whenever called upon to do so till completion of the trial.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J

274-Tikam/-