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2026 DAILYLAW 8828 (RAJ)

RAJKUMAR S/O BACHU SINGH v. STATE OF RAJASTHAN

CRLAS/1087/2026 · 2026-06-18

Ravi Chirania V J

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:23350] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1087/2026 Rajkumar S/o Bachu Singh, Aged About 30 Years, R/o - Nai Ka Pura (Surajpura), P.S. Sadar, District Dholpur (Raj.) (Accused At Present Confined In District Jail Dholpur) ----Appellant Versus 1. State Of Rajasthan, Through P.P 2. Victim W/o Late Kishan Singh, Aged About 35 Years, R/o Weirpura (Badriya) P.S. Baseri, District Dholpur Presently Reside- Santar Road, Dholpur, P.S. Nihalganj, Dholpur (Raj.) ----Victim-Complainant For Appellant(s) : Mr. Mritunjya Sharma For Respondent(s) : Mr. Vijay Singh Yadav, P.P. HON'BLE MR. JUSTICE RAVI CHIRANIA (V.J.) Order 18/06/2026 1. The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, in connection with FIR bearing No.51/2026 dated 27.03.2026, registered at Mahila Thana (Dholpur), District Dholpur for the offences punishable under Sections 69, 351(2) and 351(3) of BNS, 2023 against the order dated 14.05.2026 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Dholpur whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected. 2. Learned counsel for the appellant submits that the impugned FIR was lodged with a delay of almost 40-45 days and there is no justification for the same in the impugned FIR. He further submits [2026:RJ-JP:23350] (2 of 3) [CRLAS-1087/2026] that petitioner and the complainant were both major at the time of the incident and were in a consensual relationship. Learned counsel further submits that the petitioner has not committed any such offence. He also submits that husband of the complainant died long back and she is a major having two children, therefore, the fact as recorded are false and incorrect. In view thereof, he prayed that the petitioner may be enlarged on bail by this Court. 3. Learned Public Prosecutor vehemently opposes the arguments advanced on behalf of the appellant. 4. This Court considered the nature of the allegations as mentioned in the FIR, the fact that the complainant is a major and having two children, herself stated to be in a relationship with the petitioner on account of promise of marriage and considering the overall facts and circumstances of the case and without commenting upon the merits of the case, is inclined to allow the present appeal. 5. Consequently, the instant appeal is allowed and the impugned order dated 14.05.2026 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Dholpur is hereby set aside. It is ordered that the accused-appellant Rajkumar S/o Bachu Singh, who is in custody in connection with F.I.R. No.51/2026 dated 27.03.2026, registered at Mahila Thana (Dholpur), District Dholpur shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so and shall [2026:RJ-JP:23350] (3 of 3) [CRLAS-1087/2026] comply with all the conditions laid down under Section 437(3), CrPC, 1973/483(3), BNSS, 2023. 6. 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. 7. In case of breach of any of the above conditions, the same shall be treated as a violation of this order and further if the accused-appellant is found to be invlved in similar such cases during pendency of the trial, this bail shall stand canceled without further reference to this Court. (RAVI CHIRANIA (V.J.)),J 327-s/Dushyant