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2026 DAILYLAW 20086 (RAJ)

DHARMSINGH @ DHARMA S/O DHULILAL v. STATE OF RAJASTHAN

CRLMB/15921/2025 · 2026-01-08

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 15921/2025 Dharmsingh @ Dharma S/o Dhulilal, Aged About 34 Years, R/o Kohdighar, Police Station Ghatoli, District Jhalawar (Raj.) (Accused Presently Confined At District Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bhim Singh Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/01/2026 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Dharmsingh @ Dharma S/o Dhulilal seeking bail in respect of a criminal case registered as FIR No.404/2024 dated 09.12.2024 registered at P.S. Ghatoli, District - Jhalawar, for the offence under Sections 64(1) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2026:RJ-JP:688] (2 of 4) [CRLMB-15921/2025] 3. Learned counsel for petitioner submits that first bail application of petitioner was dismissed on 11.09.2025 and now statement of prosecutrix has been recorded and same is placed on record. He further referred statement of prosecutrix recorded as PW-4 and submitted that the admission of victim clearly indicated that she is having a telephonic communication with petitioner though she has denied so many circumstances. He further submitted that not a single injury is found on body of prosecutrix. He further submitted that petitioner is brother in law of sister of PW-1, who is complainant and also husband of prosecutrix. He further referred statement of PW-4 and submitted that there is animosity between sister of PW-1 and PW-4. At last, he submitted that present petitioner is in custody since his arrest on 17.05.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station along with intimation slip to complainant. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of report dated 09.12.2024 lodged by PW-4 with her husband PW-1 about incident of rape on 08.12.2024, FIR No.404/2024 was registered at P.S. Ghatoli, Dist. Jhalawar under Section 64(1) of BNS. The petitioner was arrested on 17.05.2025 and a charge-sheet is filed [2026:RJ-JP:688] (3 of 4) [CRLMB-15921/2025] against him. The first bail application of petitioner was dismissed as withdrawn on 11.09.2025. Thereafter four witnesses were already examined including PW-1, husband of prosecutrix and PW-4 prosecutrix herself. We have considered the statement of PW-1 and PW-4 in particular the cross-examination. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Dharmsingh @ Dharma S/o Dhulilal, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2026:RJ-JP:688] (4 of 4) [CRLMB-15921/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /07