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[2026:RJ-JD:22882]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 4143/2026

Surender Kumar S/o Shri Ramkumar, Aged About 32 Years, R/o

Gheu, Police Station Gogamedi, District Hanumangarh (Raj).

(At Present Lodged At District Jail, Churu)

----Petitioner

Versus

1. State Of Rajasthan, Through PP

2. Anita D/o Jaiveer Swami, R/o Buchawas, Bhaleri, Churu,

Rajasthan.

----Respondents

For Petitioner(s) : Mr. Jitender Singh Bhaleria

For Respondent(s) : Mr. Hathi Singh Jodha, PP

For Complainant(s) : Mr. Nihar Jain

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 Surender Kumar S/o Shri

Ramkumar seeking bail in respect of a criminal case

registered as FIR No.137/2025 dated 28.10.2025 registered

at Police Station Bhaleri, District Churu, for the offence

under Sections 363, 366-A, 342, 376(2)(N), 376-D and 506

of IPC and 5(g)(l)/6 of 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 applicant-accused submits that after

attaining the age of 18 years, the victim married the present

applicant and both of them appeared before this Hon’ble

Court and the father of the victim saw them in each other’s

company, thereafter, he took his daughter with him and after

some time, an FIR was registered for the incident which

allegedly committed when the victim was a minor. Counsel

further submitted that the material on record clearly

indicates that the victim voluntarily left her home to live with

and perform marriage with the present applicant-accused

and pursuant to their commitment towards each other, they

entered into a relationship and further solemnized their

marriage in a temple. He also submitted that the statements

of the victim were recorded by the police under Section 180

of BNSS and also under Section 183 of BNSS and only on the

basis of false allegations, the present applicant-accused was

arrested and a charge-sheet was filed in the month of

December 2025. He also submits that since then, the

statement of the victim has not been recorded by the trial

Court, and the trial will take a long time; therefore, the

applicant may be granted the benefit of bail.

4. Learned Public Prosecutor and learned counsel for the

complainant have vehemently opposed the bail application

and submitted that the allegations are grave and serious in

nature. Learned counsel for the complainant submits that

the applicant had filed a habeas corpus petition, but the

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same was dismissed. He also submitted that the applicant-

accused had also filed a petition under Section 528 of BNSS

(corresponding to Section 482 of Cr.P.C.) and same was also

dismissed. He further submitted that the date for recording

the statement of the victim has now been scheduled for

25.05.2026 and in case the present applicant-accused is

released on bail, he may use any digital material in his

possession to blackmail and intimidate the victim and ruin

her married life, therefore, the present bail application

deserves to be dismissed.

5. Heard learned counsel for the parties and learned Public

Prosecutor. Perused the material placed on record by both

the parties.

6. On 27.10.2025, an eighteen-year-old victim registered a

report alleging sexual assault, harassment, intimidation,

rape and blackmailing by the present applic