Citation : 2026 Latest Caselaw 3647 Raj
Judgement Date : 10 March, 2026
[2026:RJ-JD:11622]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 1405/2026
Chen Singh S/o Shri Lal, Aged About 32 Years, R/o Village
Khalukhedi, Maliyan, Police Station Manohar Thana, District
Jhalawad (Raj)
(At Present Lodged At District Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mahaveer Singh
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
10/03/2026 The instant 2nd application for bail under Section 483 of BNSS
(439 of Cr.P.C.) has been filed by the petitioner who has been
arrested in the present matter. The requisite details of the matter
are tabulated herein below:
S. No. Particulars of the case 2. Police Station Saira, Udaipur 3. District Udaipur
4. Offences alleged in the FIR Under Section 87 of the BNS
5. Offences added, if any Under Sections 64(2)(m) & 127(4) of BNS
The 1st bail application filed on behalf of the petitioner i.e.
S.B. Criminal Misc. Bail Application No.12719/2025 was dismissed
as not pressed by this Court vide order dated 13.11.2025 with a
liberty to the petitioner to file fresh bail application after filing of
(Uploaded on 10/03/2026 at 06:17:39 PM)
[2026:RJ-JD:11622] (2 of 3) [CRLMB-1405/2026]
the charge-sheet. After rejection of 1 st bail application, charge-
sheet has been filed, hence, this 2nd bail application has been filed.
It is contended by learned counsel for the petitioner that the
petitioner is aged about 30 years whereas the age of the victim is
around 20 years. The petitioner and the victim were having
consensual relationship and they were living together. A live-in-
relationship agreement was also got executed between them
which was duly signed by the victim herself. It is further
submitted that in the statement of the victim recorded under
Section 183 of BNSS, victim stated that she left her house out of
her own will and has further stated that she travelled to various
public places with the petitioner, however, she did not make any
hue and cry or tried to escape. It is submitted that after some
time, when their relations got strained, the allegations of rape was
levelled against the petitioner.
Learned counsel submitted that the petitioner is in custody
since 18.09.2025 and the trial of the case will take sufficiently
long time, therefore, the benefit of bail may be granted to the
accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail
application and submitted that looking to the allegation levelled
against the petitioner, he may not be enlarged on bail. However,
he is not in a position to refute the fact that there is a live-in-
relationship agreement, executed between the petitioner and the
victim.
Having heard and considered the rival submissions, facts and
circumstances of the case as well as perused the material
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[2026:RJ-JD:11622] (3 of 3) [CRLMB-1405/2026]
available on record, considering the statement of victim recorded
under Section 183 of BNSS; more specifically the live-in-
agreement executed between the petitioner and the victim;
petitioner is in custody since 18.09.2025 and the trial of the case
will take significant time to conclude, without expressing any
opinion on merits/demerits of the case, this Court is inclined to
enlarge the petitioner on bail.
Consequently, the 2nd bail application under Section 483 of
BNSS (439 of Cr.P.C.) is allowed. It is ordered that the accused-
petitioner as named in the cause title, arrested in connection with
the above mentioned FIR, 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.
(MUKESH RAJPUROHIT),J 190-Ramesh/-
(Uploaded on 10/03/2026 at 06:17:39 PM)
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