[2025:RJ-JP:50943] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14777/2025 Manish Kumar S/o Subhash Chand, Aged About 26 Years, R/o Rampura Tehsil Ateli, District Mahendragarh, Hariyana. (At Present Confined In Sub Jail Behror). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sumer Singh Ola, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 17/12/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.184/2025 registered at Police Station Mandhan, District Kotputli-Behror for the offences punishable under Sections 69, 89 of BNS. 2. Learned counsel for the petitioner submits that bare perusal of FIR would reveal that the victim herself has stated that she was in love affairs with the petitioner and had also entered into physical relations with consent, however, such relations were allegedly maintained by her due to promise of marriage extended by the petitioner. It is submitted that so far as the allegation of force abortion is concerned, opinion of the medical expert reveals that it is difficult to opine as to whether the victim was pregnant or had undergone any medical abortion or not. Learned counsel [2025:RJ-JP:50943] (2 of 3) [CRLMB-14777/2025] for the petitioner relies upon the judgment of Hon’ble Supreme Court in the case of Samadhan Vs. State of Maharasthra & Anr. decided on 24.11.2025 in Criminal Appeal No.5001 of 2025 in order to support his contention that it was a consensual relationship and physical relations even if established on the basis of promise of marriage, cannot be treated as rape. He is behind the bars since 21.07.2025 and after investigation, charge-sheet has already been filed. Hence, a prayer has been made to grant bail to the petitioner. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Having considered the submission made by learned counsel for the petitioner as well as learned Public Prosecutor and after examining the report of Medical Officer C.H.C., Neemrana, no definite opinion with regard to pregnancy or abortion of the victim has been given, as well as looking to the contents of the FIR which prima facie reveals consensual relationship between the petitioner and victim in addition to the fact that after completion of investigation, charge-sheet has been filed and petitioner is not required for custodial interrogation, without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Manish Kumar S/o Subhash Chand shall be released on bail in pursuance of FIR No.184/2025 registered at Police Station Mandhan, District Kotputli-Behror on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of [2025:RJ-JP:50943] (3 of 3) [CRLMB-14777/2025] Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (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 Jatin /131