Rajasthan High Court – Jodhpur
Mahendra Singh vs State Of Rajasthan (2025:Rj-Jd:33237) on 28 July, 2025
[2025:RJ-JD:33237]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2768/2025
Mahendra Singh S/o Jai Singh, Aged About 36 Years, R/o
Nayaghar (Nagpura), Tehsil Pindwara, District Sirohi (Rajasthan).
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. Hanuman Prajapati, Public
Prosecutor
Mr. Ramdev Raujpurohit for the
complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
28/07/2025
This anticipatory bail application under Section 482 of the
BNSS (438 of Cr.P.C.) has been filed by the petitioner
apprehending his arrest in connection with FIR No.146/2024,
registered at Police Station Paldi M, District – Sirohi, for the
offences under Sections 143, 366, 323, 344, 354, 376D & 385 of
the IPC.
Heard the learned counsel for the petitioner, the learned
Public Prosecutor and the learned counsel for the complainant.
Perused the material available on record.
Learned counsel for the petitioner submits that the petitioner
is innocent and he has been falsely implicated in this case. It is
contended by learned counsel for the petitioners that the
petitioner and the victim were having consensual relations since
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long and to substantiate his argument, learned counsel for the
petitioner has drawn the attention of this Court towards the live-
in-relationship agreement 12.05.2024 executed between the
petitioner and the victim. Upon this agreement, they preferred a
criminal misc. petition before this Court Court being S.B. Criminal
Misc. Petition No.1055/2024 against their family members and a
Coordinate Bench of this Court vide order dated 23.05.2024,
granted protection to them and in pursuance to that they were
living peacefully. It is further submitted that after some time, the
victim filed a complaint against the petitioner and the present FIR
was registered.
Learned counsel for the petitioner has drawn attention of this
Court towards the order dated 07.03.2025 and submitted that the
Coordinate Bench of this Court vide above order while directing
the petitioner to join investigation, granted interim protection on
his arrest.
On 14.07.2025, this Court has directed the petitioner to
appear before the Investigation Officer and submit his
representation/document, if required.
It is further submitted that in compliance of the order dated
14.07.2025, the petitioner has appeared before the Investigation
Officer and joined the investigation. The Investigating Officer has
thoroughly investigated/interrogated the petitioner.
Learned counsel for the petitioners, therefore, prayed that
the petitioner may be enlarged on anticipatory bail.
Learned Public Prosecutor and the learned counsel for the
complainant have vehemently opposed the prayer for anticipatory
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bail and submit that the petitioner has committed serious offence
against a woman. Learned counsel for the complainant submits
that the victim was under coercion and threatening when these
live-in-agreement was made and the criminal petition was filed
before this Court.
Learned Public Prosecutor submits that although, the
petitioner has submitted these documents and representation
before the Investigating Officer, but the Investigating Officer has
found the offence proved against the petitioner.
Therefore, they prayed that the anticipatory bail application
be rejected. However, they are not in a position to refute the fact
that earlier the petitioner and the victim have executed a live-in-
relationship agreement and move a petition for protection before a
Coordinate Bench of this Court in which protection was granted to
them.
Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the bar;
perused the record; more specifically the live-in-relationship
agreement and the criminal misc. petition earlier filed by the
petitioner and the victim, the investigation/trial of this case will
take significant time, this Court is of the opinion that it is a fit case
for grant of anticipatory bail to the petitioner under Section 482 of
the BNSS (Section 438 Cr.P.C).
Accordingly, the bail application is allowed and it is directed
that in the event of arrest of petitioner- Mahendra Singh S/o Jai
Singh, in connection with FIR No.146/2024, registered at Police
Station Paldi M, District – Sirohi, the petitioner shall be released
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on bail; provided he furnishes a personal bond in the sum of
Rs.50,000/- each along with two sureties of Rs.25,000/- each to
the satisfaction of the concerned Investigating Officer/S.H.O. on
the following conditions :-
(i). that the petitioner shall make himself available for
interrogation by a police officer as and when required;
(ii). that the petitioner shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or any police officer;
and
(iii). that the petitioner shall not leave India without
previous permission of the court.
(MUKESH RAJPUROHIT),J
199-Ramesh/-
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