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[2025:RJ-JP:50581] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.14888/2025 Upendra S/o Pawan Kumar, aged about 23 years, resident of Rampura Dudiwala, Police Station Badra, District Charkhi Dadri. Presently at House No.107, Vaishali Nagar, Gandhi Path, Police Station Vaishali Nagar, Jaipur, Rajasthan. (At present accused confined in District Jail Jhunjhunu). ----Petitioner Versus State of Rajasthan through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Bhrigu Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 15/12/2025
1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of FIR No.182/2025 registered at Police Station-Buhana, District-Jhunjhunu, for the offences punishable under Sections 376(2)(n), 354(c), 354(d), 506 & 509 of IPC.
2. It is submitted by the learned counsel for the petitioner that the prosecutrix is a mature lady aging 21 years and was in consensual relationship with the petitioner for last two years, however, when such relationship was revealed in front of her family members, the FIR has been lodged under pressure by her. It is also submitted that although the allegation of taking obscene photos/videos has been mentioned in the FIR, yet no such
[2025:RJ-JP:50581] (2 of 3) [CRLMB-14888/2025] material was made available by the prosecutrix even on demand by the investigating authority.
3.
Learned counsel for the petitioner further submitted that the prosecutrix voluntarily went in hotels also and even the statements of hotel owners do not reveal anything to support the prosecutrix's statement. It is also submitted that after completion of investigation, charge-sheet has already been filed and he is behind the Bars since 03.10.2025 and under such circumstances, petitioner is no longer required for custodial interrogation. Therefore, the accused-petitioner may be allowed to be enlarged on bail.
4. Learned Public Prosecutor has vehemently opposed the present bail application.
5. Considering the facts and submissions made by learned counsel for the petitioner, prima facie it appears to be a case of consensual relationship, which becomes sour later on and moreso, whereafter investigation, charge-sheet has been filed and the trial would take considerably long time, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Upendra S/o Pawan Kumar shall be released on bail in pursuance of FIR No.182/2025 registered at Police Station-Buhana, District-Jhunjhunu on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:-
[2025:RJ-JP:50581] (3 of 3) [CRLMB-14888/2025] (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court.
(ANAND SHARMA),J DAKSH/139