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Rajasthan High Court - Jodhpur
Mahendra Meghwal vs State Of Rajasthan (2026:Rj-Jd:15232) on 2 April, 2026
[2026:RJ-JD:15232]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2024/2026
Mahendra Meghwal S/o Kana Ram, Aged About 21 Years,
Resident Of Roda District Bikaner At Present Lodged In Central
Jail Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kavita D/o Shankar Lal, Resident Of Chhota Police Station
Jasrasar District Bikaner.
----Respondents
For Petitioner(s) : Mr. R. S. Choudhary with
Mr. Sumer Singh Gaur
For Respondent(s) : Mr. Sameer Pareek, P. P.
Mr. Raj Bishnoi for the complainant
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
02/04/2026
1. The jurisdiction of this Court has been invoked by way of
filing an application under Section 483 B.N.S.S. at the instance of
accused-applicant. The requisite details of the matter are tabulated
herein below:
S.No. Particulars of the Case
2. Concerned Police Station Jasrasar
3. District Bikaner
4. Offences alleged in the FIR 64(2)(M), 77, 351(3) of
BNS, 2023 and Section
5L/6, 11(5)/12 of POCSO
Act.
5. Offences added, if any
6. Date of passing of impugned 02.02.2026
order
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2. Learned counsel for the applicant submits that allegations
levelled in the FIR are false and concocted. Learned counsel also
submits that accused-applicant was having old acquittance victim
'K' and was having affair.
3. Learned counsel for the applicant, while referring to contents
of FIR has stated that the FIR is delayed one as same was lodged
on 13.12.2025 with regard to incident said to have occurred on
03.06.2025 and 27.09.2025. It is stated that victim 'K' has
attained age of 18 years on 25.07.2025 and FIR was lodged
alleging six months old incident of 03.06.2025 only with a view to
incorporate the offence punishable under POCSO Act.
4. Learned counsel further stated that the FIR is filed only due
to reason that the relationship of applicant and victim 'K' was not
acceptable to the family members. It is stated that during the
course of arguments before learned Special Judge (POCSO) No.2,
Bikaner in the bail application, a compromise was submitted on
behalf of the complainant/prosecutrix which was though not
considered by the learned court below, however, same goes to
show that the FIR was lodged on false facts out of vengeance and
annoyance.
5. Learned counsel also submitted that even the medical report
of victim 'K' does not support the allegations of rape and since
investigation qua the applicant is already completed and trial is
going to take long time, benefit of bail may be extended in favour
of the applicant-accused.
6. Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submitted that at the time of
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alleged incident, the victim 'K' was minor and specific allegations
were levelled by her during statements recorded under Section
183 of BNSS, 2023.
7. Learned Public Prosecutor also submits that applicant has has
taken undue advantage of tender age of victim 'K' and since
offence punishable under the provisions of POCSO Act is clearly
made out against the applicant, indulgence of granting bail shall
not extended to the applicant-accused.
8. Heard learned counsel for the parties and perused the case
diary in detail.
9. From a bare perusal of the record, it is observed that the FIR
alleges that the incidents occurred on 03.06.2025 and 27.09.2025;
however, the FIR itself came to be lodged on 13.12.2025, and no
plausible or satisfactory explanation for such delay is forthcoming
from the contents thereof.
10. It is further borne out from the statements recorded under
Section 183 BNSS that the victim 'K' has referred only to the
incidents dated 03.09.2025 and 27.09.2025. Significantly, by that
time, the victim 'K' had already attained the age of majority on
25.07.2025. There is no reference to any alleged incident of June,
2025 in the said statements. Such omission, prima facie, is a
material aspect which would have its own bearing and evidentiary
impact during the course of trial, particularly in relation to the
alleged offences under the POCSO Act, 2012.
11. Although the veracity and genuineness of the allegations are
matters to be adjudicated upon during the course of trial after
appreciation of evidence, this Court, upon perusal of the material
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available on record, finds that the medical examination report of
the victim 'K' does not disclose any external injuries on her person.
Further, the FSL/DNA report, prima facie, does not lend support to
the allegations levelled in the FIR.
12. This Court also finds substance in the submission advanced
on behalf of the applicant that there is no significant age disparity
between the parties, inasmuch as the applicant is stated to be 21
years of age, whereas the victim 'K' is about 18 years of age.
13. A perusal of the contents of the FIR prima facie reveals that
the applicant and the victim 'K' had been known to each other for
a considerable length of time. It is also borne out from the FIR that
when talks regarding the engagement of the victim 'K' with one
Rajendra were underway, the applicant transmitted certain
photographs to the said Rajendra. It is further borne out from the
record that upon disclosure of the alleged relationship between the
applicant and the victim 'K', the present FIR came to be instituted.
14. Having regard to the totality of facts and circumstances of
the case; investigation qua applicant is already completed; so also
conclusion of the trial is going to take a considerable time, coupled
with the fact that accused-applicant is in custody since 22.01.2026
and no useful purpose would be served by his continued
incarceration, without expressing any opinion on the
merits/demerits of the case, I deem it just and proper to grant bail
to the accused-applicant.
15. Consequently, the bail application filed under Section 483
BNSS, 2023 is allowed. The accused-applicant Mahendra Meghwal
S/o Shri Kana Ram arrested in connection with FIR No.160/2025,
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Police Station Jasrasar, District Bikaner shall be released on bail on
his furnishing personal bond in the sum of Rs.50,000/- and two
sureties of Rs.25,000/- each to the satisfaction of the trial Court.
16. Applicant shall be required to appear before that Court on all
dates of hearing and as and when called upon to do so.
17. Needless to mention that the above observations made by
this Court are only prima-facie observations for the purpose of
disposal of present bail application and the same shall however,
not come in the way of the trial Court to take independent view of
the matter, based on ocular and oral evidence, while finally
deciding the case.
(SANJEET PUROHIT),J
39-Praveen/-
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