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[2026:RJ-JD:22838]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 15281/2025

Sanjay S/o Deepa Ram, Aged About 28 Years, Resident Of

Tundakhedi Police Station Sidhmukh District Churu Raj. (At

Present Lodged In District Jail Hanumangarh)

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. Surajbhan S/o Gopal Ram, R/o Bhanai Tehsil Bhadra

District Hanumangarh Raj.

----Respondents

For Petitioner(s) : Mr. Kuldeep Sharma

For Respondent(s) : Mr. Urja Ram Kalbi, PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

13/05/2026

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

filed by the applicant-accused Sanjay S/o Deepa Ram

seeking bail in respect of a criminal case registered as FIR

No. 337/2025 registered at P.S. Bhadra, District-

Hanumangarh, for the offence under Sections 137(2), 87,

64(1), 64(2)(M), 351(3), 332(B) of the BNS and Sections

3/4 and 5L/6 of the POCSO Act, 2012.

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 the age of

the victim was over 17 years on the date of the incident. He

further submitted that after the victim left the house of her

father, the father did not register any report immediately;

rather, a report was registered against the petitioner-

accused on the next day, when the victim was found. He

further submitted that after registration of the report and

recovery of the victim, the statement of the victim under

Section 183 of the BNSS was recorded by the police, and

throughout the statement, the victim did not make any

allegation regarding commission of rape by the present

petitioner. He also submitted that a charge-sheet has been

filed against the petitioner on the basis of the statement

recorded under Section 180 of the BNSS. The victim is also

not turning up to record her statement, pursuant to the

report registered by her father.

4. Learned Public Prosecutor opposed the aforesaid contentions

and vehemently opposed the bail application, submitted that

the allegations are grave and serious in nature. He also

submitted that a report has been received from the

concerned police station along with intimation to the

complainant-victim.

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

Public Prosecutor. Perused the material placed on record by

both the parties.

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6. On 24.07.2025, the complainant (father of the victim)

lodged a report about the enticement of his minor daughter

by the petitioner-accused and the subsequent commission of

rape in previous night, and FIR No. 337/2025 was registered

at P.S. Bhadra, District- Hanumangarh. After recording the

statement of the victim under Sections 180 and 183 of

BNSS, the petitioner was arrested on 25.07.2025, and a

charge-sheet was filed against him. The material also

indicates that charges were framed against the petitioner.

The age of the victim was 17 years on the date of the

incident, i.e., she was less than 18 years at that time. After

the framing of charges, no statement has been recorded so

far by the trial Court.

7. 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 opin