[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Jagdish vs State Of Rajasthan (2026:Rj-Jd:17482) on 15 April, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:17482]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 2249/2026
Jagdish S/o Balu Ram, Aged About 25 Years, R/o Bherudi, P.s.
Sedwa District Barmer. (Lodged In Dist. Jail Barmer)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Sukh Ram S/o Surta Ram, R/o Bhaduon Ki Dhani Bachhla
Tehsil Sedwa District Barmer.
----Respondents
For Petitioner(s) : Mr. RJ Punia
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Pravesh Kumar Rawla for
complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
15/04/2026
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.133/2025 registered at Police Station Dhorimanna,
District Barmer, for the offences under Sections 332(b), 137(2),
96, 70(2) of BNS and Sections 5(g)/6a, 11(iv)/12 of POCSO Act.
Heard learned counsel for the parties. Perused the material
available on record.
Learned counsel for the petitioner submits that the allegation
against the petitioner is of committing forcible sexual assault/rape
upon the victim along with co-accused persons. It is submitted
that the petitioner has been falsely implicated in the present case.
Learned counsel further submits that although the victim, in her
statements before the Court, has named the petitioner, the
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Investigating Officer (PW-04), in his deposition, has admitted that
during the course of investigation, no material came to his
knowledge indicating that the petitioner had committed forcible
sexual assault/rape upon the victim along with the co-accused
persons.
Learned counsel also submits that the FSL report dated
08.08.2025 issued by the Regional Forensic Science Laboratory,
Jodhpur indicates that the male DNA profile obtained from Exhibit
No. 18 (blood sample of the accused-petitioner on FTA card) is
not reflected in the mixed DNA profile obtained from stains
detected on Exhibit No. 01 (scarf/chunni of the victim). It is
further submitted that the male DNA profile obtained from the
semen stains on the scarf/chunni of the victim does not match
that of the petitioner.
Lastly, learned counsel submits that the petitioner, aged
about 25 years, is in judicial custody; the statements of the victim
and other material prosecution witnesses have already been
recorded before the competent criminal court, and therefore,
there is no apprehension of the petitioner influencing them. It is
further submitted that the trial is likely to take considerable time;
hence, the petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor as well as learned
counsel for the complainant have vehemently opposed the bail
application.
Having considered the rival submissions, the facts and
circumstances of the case, the statement of the Investigating
Officer (PW-04), the FSL report dated 08.08.2025, and the fact
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that the statements of the victim and other material prosecution
witnesses have already been recorded before the competent
criminal court, and in the absence of any specific apprehension
expressed by the learned Public Prosecutor regarding the
petitioner influencing remaining witnesses or absconding, this
Court, without expressing any opinion on the merits of the case, 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 Jagdish
S/o Balu Ram arrested in connection with F.I.R. No.133/2025
registered at Police Station Dhorimanna, District Barmer, 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
257-divya/-
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