Citation : 2026 Latest Caselaw 1815 Raj
Judgement Date : 5 February, 2026
[2026:RJ-JD:6686]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1664/2026
Sanju @ Raju S/o Nand Lal, Aged About 20 Years, Resident Of
Badvaskhurd, Police Station Arnod, District Pratapgarh,
Rajasthan.
(At Present Lodged In District Jail Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
05/02/2026
1. The present bail application has been filed by the accused-
applicant under Section 483 of the B.N.S.S., 2023 against the
order dated 23.01.2026 passed by learned Sessions Judge,
Pratapgarh in Bail Application No.34/2026 arising out of FIR
No.155/2025, registered at Police Station Arnod, District
Pratapgarh for the offences punishable under Sections 87 & 64(1)
of BNS, 2023 by which the bail application of the accused-
applicant under Section 483 of the B.N.S.S., 2023 has been
dismissed.
2. Learned counsel for the accused-applicant submits that the
accused-applicant has been falsely implicated in the present case.
Learned counsel further submits that, the FIR was initially lodged
against the accused-applicant for the allegation of kidnapping of
his wife/prosecutrix. The statement of the prosecutrix under
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[2026:RJ-JD:6686] (2 of 3) [CRLMB-1664/2026]
Section 180 of the BNSS was recorded on 24.09.2025, wherein
she has deposed that she left her house on her own and neither
she was kidnapped by anybody nor she was subjected to rape by
anyone. However, in her statement recorded under Section 183 of
the BNSS, she has deposed that the accused-applicant kidnapped
her and also raped her.
3. Learned counsel for the accused-applicant further contends
that the prosecutrix has changed her version between her
statements recorded under Sections 180 and 183 of the BNSS.
The accused-applicant has been in judicial custody since
20.11.2025 and the trial is likely to take a considerable time to
conclude. Therefore, it is prayed that the accused-applicant be
extended the benefit of bail.
4. Learned Public Prosecutor vehemently opposes the present
bail application.
5. Heard learned counsel for the parties and also perused the
material available on record.
6. Considering the overall facts and circumstances of the case,
looking to the period of custody of the accused-applicant; the fact
that the applicant is behind bars since 20.11.2025 and the
prosecutrix has given contradictory statement during prosecution;
that the charge-sheet has been filed; and that the trial is likely to
take a long time to conclude, and without expressing any opinion
on the merits or demerits of the case, this Court deems it proper
to allow the bail application filed by the applicant.
7. Consequently, this bail application filed under Section 483 of
the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant
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[2026:RJ-JD:6686] (3 of 3) [CRLMB-1664/2026]
Sanju @ Raju S/o Nand Lal, arrested in connection with FIR
No.155/2025, registered at Police Station Arnod, District
Pratapgarh shall be released on bail; provided he furnishes
personal bond in the sum of Rs.50,000/- and two solvent attested
sureties of Rs.25,000/- each to the satisfaction of the trial Court.
8. Applicant shall be required to appear before that Court on all
dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J 97-GKaviya/-
(Uploaded on 05/02/2026 at 05:13:26 PM)
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