Narayan Singh vs State Of Rajasthan on 4 August, 2026

Rajasthan High Court – Jodhpur

Narayan Singh vs State Of Rajasthan on 4 August, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JP:36228]

           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                          AT JODHPUR

     S.B. Criminal Miscellaneous Vth Bail Application No. 1404/2026
          CNR: RJHC010083182026 | URN: CRLMB / 3284U / 2026

Narayan Singh S/o Ali Singh, Aged About 30 Years, Resident Of
Kalathal Nawatala, Police Station Pachpadra, District Balotra (At
Present Lodged At Sub Jail, Balotra)
                                                                       ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Aziz Khan
For Respondent(s)            :     Mr. NS Chandawat, DyGA



                  HON'BLE MR. JUSTICE FARJAND ALI

Order

04/08/2026

SPONSORED

1. The jurisdiction of this Court has been invoked by way of

filing an application under Section 439 Cr.P.C./483 BNSS at the

instance of accused-petitioner. The requisite details of the

matter are tabulated herein below:

S.No.                          Particulars of the Case
     1.    FIR Number                                       277/2023
     2.    Concerned Police Station                         Shergarh
     3.    District                                         Jodhpur
     4.    Offences alleged in the FIR                      Under Section 376(2)
                                                            (n), ,  of IPC
                                                            and Section 5(l) and
                                                            5(j)(ii)/ of POCSO
                                                            Act
     5.    Offences added, if any                           -
     6.    Date of passing of impugned order                17.01.2026




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2. It is contended on behalf of the accused-petitioner no case

for the alleged offences is made out against him and his

incarceration is not warranted. There are no factors at play in the

case at hand that may work against grant of bail to the accused-

petitioner and he has been made an accused based on conjectures

and surmises.

3. Contrary to the submissions of learned counsel for the

petitioner, learned Public Prosecutor opposes the bail application

and submits that the present case is not fit for enlargement of

accused on bail.

4. I have considered the submissions made by both the parties

and have perused the material available on record.

5. This Court notices that the prosecutrix was a major and it is

not in dispute that she remained in a relationship with the

petitioner for almost six years. The record further reflects that she

had conceived on one or two occasions and the pregnancies were

allegedly terminated by consuming medicines. Prima facie, these

circumstances indicate that the relationship between the parties

had continued for a considerable period and cannot be viewed, at

this stage, as anything other than a voluntary and consensual

relationship.

5.1 It is also borne out from the record that the prosecutrix

subsequently contracted marriage with another person. The

defence has raised a specific plea that after her marriage, she was

either persuaded or coerced by her parental family or her

matrimonial family to institute the present FIR. Significantly,

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during cross-examination, the mother of the deceased is stated to

have admitted that the complaint was got lodged at the instance

of her counsel. Though the evidentiary worth of such admission

shall ultimately be assessed by the learned trial Court, at this

stage it lends some support to the defence version and cannot be

brushed aside outright.

5.2 Another aspect which merits consideration is that there is no

material available on record indicating any immediate or

proximate cause which could have impelled the deceased to take

the extreme step of committing suicide. If the relationship had

indeed continued for nearly six years, the absence of any

contemporaneous material demonstrating an immediate triggering

circumstance assumes significance. The defence plea that the

complaint was obtained on her signatures without her free volition

and that she became emotionally distressed after the petitioner’s

arrest, ultimately leading to the unfortunate incident, also appears

to carry some substance. At this stage, such a plea cannot be

outrightly discarded.

5.3 The petitioner has remained in custody for about three

years. Out of approximately twenty prosecution witnesses, only

seven witnesses have been examined so far. Considering the snail

pace of the proceedings, the conclusion of the trial is likely to

consume considerable time. Prolonged incarceration of the

petitioner, without the likelihood of an early conclusion of the trial,

would not serve any fruitful purpose. In light of these facts and

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circumstances, it is deemed suitable to grant the benefit of bail to

the petitioner in the present matter.

6. Accordingly, the instant bail application under Section 439

Cr.P.C./483 BNSS is allowed and it is ordered that the accused-

petitioner as named in the cause title shall be enlarged on bail

provided he furnishes 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 before the court concerned

on all the dates of hearing as and when called upon to do so.

(FARJAND ALI),J

75/Amit Kumar

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