PAWAN KUMAR GUPTA S/O JAGDISH PRASAD GUPTA v. STATE OF RAJASTHAN
CRLMB/797/2026 · 2026-01-30
Pramil Kumar Mathur
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15530 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15530 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:4328] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 797/2026 Pawan Kumar Gupta S/o Jagdish Prasad Gupta, Aged About 28 Years, R/o Sithora Road Temple Ke Pass, P.s. Subhash Nagar, Bareli (Uttar Pradesh), At Present Rajendra Medical Ke Piche, Dcm, P.s. Udhyog Nagar, Kota (Rajasthan) (Accused At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Samarth Sharma and Mr. Mritunjya Sharma For Respondent(s) For Complainant : : Mr. Vivek Sharma, PP Mr. Buddhi Prakash Meena HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 30/01/2026
1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.595/2025 registered at Police Station Udhyog Nagar (Kota City), District-Kota City for offences under Section 69 of BNS.
2. Heard learned counsel for the petitioner, learned Public Prosecutor and counsel for the complainant and perused the material available on record.
3.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that the allegation against the present petitioner is that he committed sexual intercourse with the victim by making false promise to marry. It is submitted that the FIR has been lodged after a delay of one and half years. During this period, it is admitted that the
[2026:RJ-JP:4328] (2 of 2) [CRLMB-797/2026] victim continued to maintain a physical relationship with the petitioner, which prima facie indicates that the relationship was consensual in nature. The sexual relationship, coupled with the inordinate delay in lodging the FIR, clearly suggests a consensual relationship between the parties. Even the statement of the victim recorded under Section 183 of the BNSS reveals nature of relationship between both, hence, this FIR is filed on false and concocted grounds. Petitioner is behind the bars since 30.12.2025. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, hence, the bail application of the petitioner may be allowed.
4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application.
5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.
6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Pawan Kumar Gupta S/o Jagdish Prasad Gupta shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/ each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J Arun/132