[2025:RJ-JP:32006] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1459/2025 Harikishan @ Harisingh S/o Shimbhusingh, R/o Ward No. 21 Near Girls School Thanagazi Police Station Thanagazi District Alwar (Raj) (At Present Confined In Central Jail Alwar) ----Appellant Versus 1. State Of Rajasthan, Through The P.p 2. Victim, R/o ----Respondents For Appellant(s) : Mr. Manjeet Kumar For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/08/2025 1. Instant appeal is filed under Section 14-A (2) of SC/ST (POA) Act in a matter arising out of FIR No. 134/2025 at P.S. Thanagazi Dist. Alwar for offence under Sections 64(1), 338, 115(2), 351(2), 35(3), 352 of BNS and Section 3(2)(v) & 3(2)(va) of SC/ST (POA) Act. 2. Learned counsel for appellant submitted that appellant was falsely implicated and there is no evidence on record to indicate involvement of appellant in present case. He further submitted that after arrest of appellant, the investigation has been concluded and police has already drawn charge-sheet, therefore the appellant accused is not required for investigation. He also submitted that the disposal of case will take its own time and keeping appellant behind the bars would serve no purpose so he is [2025:RJ-JP:32006] (2 of 4) [CRLAS-1459/2025] entitled to be released on bail. Learned counsel for appellant submits that for incident of 30.03.2025 the report is registered after a delay of two days on 01.04.2025 at behest of Ganesh. He further submitted that there is previous animosity and civil litigation between family of present appellant and Ganesh. He placed on record copies of civil litigation between Ganesh and father of present appellant accused. He also submitted that the age of prosecutrix is 28 years and she is married woman having two children residing near to land of present appellant. He also submitted that the facts clearly indicate that the prosecutrix is having consensual relation with present appellant since 2022 and she used to call appellant, who is 21 year old student of B.Tech. He further submitted that due to a phone call made by Ganesh to close relative of prosecutrix, the instant report is registered, wherein Ganesh planted himself as an eye-witness to the incident. He further submitted that appellant accused is in custody since 16.05.2025 and no injuries were found in the medical of prosecutrix. He also submitted that both prosecutrix and present appellant are adult persons and they were having history of communication on WhatsApp. He placed on record some call logs between prosecutrix and present appellant accused. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted intimation slip to complainant. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the material placed on record. 5. On the basis of complaint dated 01.04.2025 about incident of 30.03.2025 the matter was registered and during investigation the [2025:RJ-JP:32006] (3 of 4) [CRLAS-1459/2025] statement of prosecutrix were recorded under Sections 180 and 183 of BNSS. The medical of prosecutrix is also conducted. The appellant accused is in custody since 16.05.2025. The police has filed a charge-sheet against him. The copies on record indicate that this appellant accused is a student and currently he is studying. The prosecutrix is a married female and mother of 02 children. We have considered entire circumstances and facts of the case. 6. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The appeal under Section 14-A of SC/ST (POA) Act rws 483 of BNSS preferred by appellant accused- Harikishan @ Harisingh S/o Shimbhusingh, is allowed and he is directed to be released on bail till disposal of criminal case arising out of FIR No. 134/2025 at P.S. Thanagazi Dist. Alwar provided that he would execute a personal bond in the sum of ₹50,000/-with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in trial court on date fixed by trial court and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- (i). After release of appellant accused on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. (ii). That he will appear before the trial Court on each and every date of hearing till the disposal of criminal case. [2025:RJ-JP:32006] (4 of 4) [CRLAS-1459/2025] (iii). That if the applicant changes the place of residence, he will give in writing their changed address to the trial Court. (iv). Similarly, if the sureties change their address(s), he will give in writing their changed address to the trial Court. (v). The appellant shall not influence prosecution witnesses in any manner. 7. Misc. Applications, if any, stands disposed of. 8. A copy of this order be sent through E-mail to the trial court. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /280