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[2026:RJ-JD:23325]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 1^st Bail Application No. 3710/2026

Devender Kumar @ Virender S/o Ramesh Kumar, Aged About 24

Years, Resident Of Ward No. 07, Ramsra Jakhran, Teh.

Suratgarh, Dist. Sriganganagar. C/r Ward No. 23, Overbridge

Kepass, Sangriya, P.s. And Teh. Sangriya, Dist.-Hanumangarh.

(At Present Lodged In Sub Jail, Hanumangarh)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Sanjeev Beniwal

For Respondent(s) : Mr. H.S. Jodha, PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

14/05/2026

1. The present bail application under Section 483 of BNSS is

filed by the applicant-accused Devender Kumar @

Virender S/o Ramesh Kumar seeking bail in respect of a

criminal case registered as FIR No.626/2025 dated

26.11.2025 registered at P.S. Sangriya, District -

Hanumangarh, for the offence under Sections 64(2)(f),

64(2)(m), 351(3) of BNS.

2. Learned counsel for the applicant submits that the applicant

has been falsely implicated in the matter and the

investigation against him is complete and he is no more

required in investigation. He further submits that there are

no chance of fleeing of applicant accused from the

jurisdiction of this Hon’ble Court. He also submits that the

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applicant undertakes not to repeat offence and cooperate

with investigation/trial, which will take time.

3. Learned counsel for the petitioner submits that for incident

between 02.11.2025 to 07.11.2025 the report is registered

on 26.11.2025 but without explaining the reasons of delay.

He further submitted that there is no evidence except the

oral statement of victim who is a close relative of petitioner

accused. He also submitted that victim has not informed

about incident when she was staying in house of her

paternal aunt. He also referred the statement of prosecutrix

recorded under Section 183 of BNSS and submitted that if

prosecutrix had returned to her home on 08.11.2025 and

she narrated incident to her mother then a report can be

lodged immediately but no action was taken. At last he

submitted that petitioner accused is in custody since his

arrest on 03.12.2025.

4. Learned Public Prosecutor has vehemently opposed the bail

application and submitted that the allegations are grave and

serious in nature.

5. Heard learned counsel for the petitioner-accused and learned

Public Prosecutor. Perused the material placed on record by

both the parties.

6. On 26.11.2025 complainant an 18 years old female victim

has lodged a report on 26.11.2025 at Police Station

Sangriya, District Hanumangarh for rape committed by her

uncle (Fufa) from 02.11.2025 to 07.11.2025 FIR

No.626/2025 was registered. During investigation statement

of victim were recorded under Section 180 and 183 of BNSS.

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Present petitioner was arrested on 03.12.2025 and a charge-

sheet is filed against him under Section 64 (2) (f), 64(2)

(m), 351(3) of BNS. The age of victim is more than 18

years.

7. There is no doubt about the fact that petitioner accused is a

close relative of victim and considering the relationship there

was a delay but the Court has to consider the fact that

victim is only star witness in the case and criminal case is

based upon oral testimony of victim. The petitioner accused

is arrested on 03.12.2025 and a charge-sheet has already

been filed.

8. Upon hearing the arguments and perusing the record, we

have found that the applicant-accused is no more required in

the investigation and he is in custody for quite some time.

The further proceedings will take its own time, therefore,

looking to entirety of facts and circumstances of the case

and without expressing any opinion on merits of the case,

the Court deems it appropriate to grant bail to the applicant-

accused.

9. Thus, the instant