[2026:RJ-JP:11190] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11648/2025 Sher Singh S/o Shri Bharatlal, Aged About 32 Years, R/o Gadhi, P.S. Balghat, Distt. Karauli (Raj.). (Presently In Sub Jail At Hindaun, District Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anurag Sharma, Adv. with Mr. Akshat Sharma, Adv. and Mr. Anoop Meena, Adv. For Respondent(s) : Mr. Vijay Singh Yadav, P.P. Mr. Murarilal, S.H.O. P.S. - Balghat, District - Karauli HON'BLE MR. JUSTICE RAVI CHIRANIA Order 17/03/2026 1. This misc. bail application has been filed by the petitioner Sher Singh S/o Shri Bharatlal, aged about 32 years, who is behind the bars from 14.05.2025 in connection with the FIR bearing No.110/2025 dated 13.05.2025 registered at police station Balghat, District Karauli for the offences punishable under Sections 189(2) and 103(1) of B.N.S., 2023. 2. Learned counsel for the petitioner submits that the alleged incident as reported by the complainant in respect of the occurence dated 11-12.05.2025, according to which, the deceased Naresh along-with his known/friend Dilkesh entered the house of the accused-petitioner and committed rape upon the daughter of Bharatlal aged about 14 years. He further submits that while he [2026:RJ-JP:11190] (2 of 6) [CRLMB-11648/2025] was committing the offence, it was noticed by the family members of the petitioner, who tried to catch him and in the process of fleeing from the spot, he struck against a wall, on account of which he suffered certain injuries. However, both the persons Naresh and Dilkesh ran away from the spot and no such incident happened in the house. Furthermore, the contents of the FIR as reported by the complainant reveal an apprehension on his part. The fact that the deceased Naresh, was alive when the complainant received the information and died on the way to the hospital, shows that there was no eye-witness of the said incident, as per the contents of the FIR. 3. Learned counsel further submits that the police conducted the investigation which revealed that the deceased, Naresh along- with his known/friend, Dilkesh, committed rape on a minor girl aged about 14 years. This fact came to the knowledge of the Investigating Officer on 13.05.2025, and accordingly, the police registered the FIR bearing No.110/2025 on 13.05.2025. However, as argued by the learned counsel for the applicant, no FIR in respect of the rape allegedly committed by the deceased-Naresh and Dilkesh upon the minor girl was registered at that time. Thereafter, the FIR bearing No.129/2025 regarding the alleged commission of rape on the minor girl came to be registered by the Police on 29.05.2025 that is after almost 18-19 days from the date of alleged incident, which is stated to have occurred on the 11-12.05.2025. 4. Learned counsel submits that even after registration of the FIR on 29.05.2025, the police conducted one sided investigation against him in FIR bearing No.110/2025, however, in the FIR [2026:RJ-JP:11190] (3 of 6) [CRLMB-11648/2025] which was registered with a delay of 18-19 days, the statement of the minor girl was recorded on 18.06.2025 i.e. after a significant delay of approximately 20 days from the registration of FIR and more than a month form the date of alleged incident. He further submits that even the medical examination of the minor girl was conducted after a considerable delay, which has virtually destroyed the entire evidence of the serious allegations under the POCSO Act. 5. Learned counsel submits that the victim girl, aged about 14 years, made specific allegations of rape against the deceased Naresh and Dilkesh in the statement as recorded by the learned Judicial Magistrate on 18.06.2025, however, in disregard to this the police on the basis of their investigation came to the conclusion that the other person Dilkesh was not involved and that Naresh had already died and, therefore, no case was made out and the matter was closed. 6. After hearing these arguments of the learned counsel for the petitioner, this Court deemed it appropriate to direct the Investigating Officer to remain present before this Court in terms of the order of this Court dated 16.03.2026. Today, Mr. Murarilal, S.H.O., P.S. - Balghat, District – Karauli is present in person before this Court. This Court raised a specific query in regard to the incident of rape committed upon a minor girl for which the police had sufficient information on 12-13.05.2025, however, no steps were taken immediately for registration of the FIR, recording of the statements under Section 183 B.N.S.S. and for conducting the medical examination of the minor girl. The investigation, as informed by the Officer present before this Court, was conducted [2026:RJ-JP:11190] (4 of 6) [CRLMB-11648/2025] by Mr. Kamlesh Meena, S.H.O., Police Station Balghat, District Karauli. This investigation appears to be seriously flawed and reflects a classic case of serious manipulation in a matter involving grave allegations under the POCSO Act. The allegations as recorded by the complainant against the accused-petitioner in the FIR, without corroborating the fact with the alleged incident of committing of rape upon the minor girl, aged about 14 years, indicates to serious manipulation on the part of the Investigating Officer in doing fair investigation in both the FIRs. The complete investigation in both the cases is unfair and shows a serious dereliction of duties on the part of the earlier Investigating Officer Mr. Kamlesh Meena. Mr. Murarilal, S.H.O. Police Station – Balghat, the officer present today, also failed to satisfy this Court as to why the police, on its own, closed the matter involving serious allegations under the POCSO Act especially where the victim specifically stated in her statement as recorded under Section 183 B.N.S.S. that rape was committed by two persons, Dilkesh and Naresh and why no action was taken against Dilkesh after the death of the co-accused Naresh. 7. This Court has also heard the learned Public Prosecutor as well as the learned counsel for the complainant, who tried to justify the manner and method in which the investigation was conducted in respect of the allegations of rape committed upon the minor girl, aged about 14 years, however, this Court is not at all satisfied with their submissions. The Investigating Officer’s investigation in the FIR bearing No.110/2025 as noted by this Court is unsatisfactory, manipulative and done in collusion with the complainant. On the basis of the above discussion, this Court, [2026:RJ-JP:11190] (5 of 6) [CRLMB-11648/2025] considering the above fact and noticing that the deceased was found by the complainant, in a conscious state, was breathing and was alive. There is no eye-witness of the complete incident, even as per the contents of the FIR. Accordingly, this Court without making any comments on the merits of the case and considering the overall facts and circumstances is inclined to enlarge the petitioner on bail by allowing the present bail application. 8. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that accused-petitioner Sher Singh S/o Shri Bharatlal shall be released on bail, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- to the satisfaction of learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. The petitioner is further directed not to take undue advantage of liberty or misuse liberty. It is made clear that the observation as made by this Court in the bail application will not affect the trial of the case. 9. Looking to the seriousness and the nature of both the cases, this Court noted that a fair investigation has not been conducted in the cases, therefore, the Superintendent of Police, District Karauli is directed to conduct further investigation in the FIR bearing No.110/2025 and 129/2025, both registered at Police Station – Balghat and to submit a detailed report in this regard to this Court. This Court also noted serious manipulation in the investigation conducted by the Investigation Officer, Kamlesh Meena, who was posted as S.H.O., Police Station – Balghat at that [2026:RJ-JP:11190] (6 of 6) [CRLMB-11648/2025] time. In view the above, Superintendent of Police, District Karauli is further directed to initiate disciplinary proceedings against him under the C.C.A. Rules, 1958, in case, in the further investigation, under the order of this, it is found that he failed to conduct a fair investigation and acted in collusion with the complainant in the investigation of FIR bearing No.110/2025 and No.129/2025. The compliance report must be submitted within a period of three months from the date of this order, without any fail. 10. A copy of this order be sent to the Superintendent of Police, District Karauli. (RAVI CHIRANIA),J Dushyant/146-S