[2026:RJ-JP:460] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 3rd Suspension Of Sentence Application (Appeal) No. 2142/2025 Xxxxxxx, Aged About 27 Years, Gopal Was Police Station Badhada District Dadri Haryana ----Petitioner Versus State Of Rajasthan, Rajasthan ----Respondent For Petitioner(s) : Mr. Shailendra Singh Balwada For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/01/2026 1. The third application for suspension of sentence is preferred by appellant – xxxxxxx in pending appeal filed aggrieved from order of conviction and sentence dated 29.06.2024 in Sessions Case No. 122/2022 passed by learned Special Judge (POCSO Act cases) no.1 Bundi whereby appellant was convicted under Section 354-A, 354-C, 354-D, 384 IPC and Section 11/12 of POCSO Act and Sections 67, 67-B, of IT Act and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the [2026:RJ-JP:460] (2 of 5) [SOSA-2142/2025] entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution. 3. Learned Counsel for the petitioner submits that the first SOS application of the present petitioner was dismissed on 08-08-2024 and the second SOS application was dismissed on 13-01-2025. He submitted that the petitioner was convicted on 29-06-2024 and the maximum sentence awarded to the petitioner is 5 years under Section 67-B of the Information Technology Act. He further submitted that the petitioner has already served approximately 2 years against the awarded sentence and he undertakes not to contact, in any manner, the victim and not to repeat the offence with anyone. He also submitted that the Court may impose any condition, which the petitioner will abide by. 4. Aforesaid contentions were opposed by learned Public Prosecutor. He report received from police station Kapren District Bundi along with intimation to complainant and victim and custody certificate of the appellant and same are taken on record. 5. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 6. First SOS application of present appellant was dismissed on 08.08.2024 and we have observed as under; “5. On the basis of written complaint made by victim on 18.07.2022, FIR no. 113/2022 was registered at P.S. Kapren, District Bundi on 18.07.2022. After registration police has recorded statement of victim under Sections 161 and 164 Cr.P.C. The police has seized video from mobile of victim with certificate under [2026:RJ-JP:460] (3 of 5) [SOSA-2142/2025] Section 65-B of Indian Evidence Act. The appellant accused was arrested on 23.07.2022. 6. During trial, this appellant accused was released on bail in pursuant to order dated 30.09.2022 in bail application no. 13140/2022 by a Co-ordinate Bench of this Court. 7. The statement of victim was recorded as PW-2 wherein she deposed that the accused has forced and intimidated her to call him after removing her clothes. When she called after removing clothes then accused has prepared a video, thereafter, the accused has blackmailed and intimidated the victim. This video was recovered and examined by FSL. Learned trial court has convicted present accused for committing offence under Sections 354-A, 354- C, 354-D, 384 IPC and 11/12 of POCSO Act and 67, 67-B of Information Technology Act. 8. A perusal of entire record particularly chat on WhatsApp between victim and present appellant accused clearly reflects that the appellant accused has abused the victim by using indecent and abusive language. This chat was exhibited as Ex. D/1, D/2 and D/3 by the appellant accused in defence. 9. This is not a case of any affair or any relationship rather it is a case of influencing an adolescent girl and thereafter procuring her nude videos and then blackmailing and intimidating her. In this case, the appellant accused has also tried to defame the victim if she does not indulge in physical relation with present appellant.” 7. Thereafter, second SOS application was dismissed on 13.01.2025. Now, it is third application filed after one year of dismissal of second SOS application. 8. The custody certificate indicates that the petitioner has served 1 year, 11 months and 14 days against the maximum awarded sentence of 5 years. The petitioner was awarded a sentence of 3 years under Sections 354A, 354C, 354D and 384 of the IPC, respectively. The petitioner was also awarded a sentence of 3 years under Section 67 of the Information [2026:RJ-JP:460] (4 of 5) [SOSA-2142/2025] Technology Act, but under Section 67B, the awarded sentence is 5 years. 9. Having taken note of the fact that the petitioner has almost undergone 2 years of the sentence, therefore, it is appropriate to consider the SOS application of the present petitioner, but with certain stringent conditions so that he will not repeat the offence. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 10. 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 application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused - Xxxxxxx, is suspended till disposal of appeal with the condition that he would executes 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 Judge for his appearance in this court on 16.03.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant 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. 2. The appellant accused will not contact victim or any of her family members till disposal of the appeal. [2026:RJ-JP:460] (5 of 5) [SOSA-2142/2025] 3. The appellant accused will mark his attendance on every second and fourth Tuesday in the Police station Kapren, District Bundi till disposal of the appeal. 4. The petitioner will give an undertaking not to use any social media or messaging app for one year from the date of release, and in case it is found and reported, then the SOS order may be recalled. 5. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 6. That if the applicant(s) changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 7. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 8. In case, the applicant has violated any condition, then the order of SOS shall be recalled and cancelled. 11. Misc. Application stands disposed of. 12. A copy of this order be sent to learned trial court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /2