[2025:RJ-JP:12532] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3440/2025 Narendra @ Babu S/o Shri Baluram, Aged About 23 Years, R/o Raisingh Ka Bas, Police Station- Govindgarh, District- Jaipur. (Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Prem Chand Dewanda Mr. Rahul Singh For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.435/2024 registered at Police Station Chandwaji, District Jaipur Rural (Raj.) for the offence punishable under Section 137(2) of BNS and Section 84 of JJ Act. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 137(2) & 64(1) of BNS, Section 3/4 of POCSO Act and Section 84 of JJ Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that when victim was initially examined under Section 180 of BNSS (corresponding to Section 161 Cr.PC), it was stated by her that petitioner has not committed any offence upon her but later on, when she was examined under Section 183 of BNSS [2025:RJ-JP:12532] (2 of 3) [CRLMB-3440/2025] (corresponding to Section 164 Cr.PC), she changed her version and alleged that petitioner called her thereafter, she went with the petitioner to Ambikapur, Chhattisgarh where they stayed in a room for three days and during this period, petitioner forcefully developed physical relations with her. Counsel submits that at the time of alleged incident, victim was on the verge of majority. Counsel submits that petitioner and victim was consenting party and she left her parental home on her own which is evident from her statements recorded under Section 180 & 183 of BNSS. Counsel submits that victim always presented herself as major and she never disclosed her actual age to the petitioner. Counsel submits that medical report of the victim also shows that at the time of alleged incident, she was fully grown up girl. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 21.12.2024 and trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. She submits that consent of the victim, if any, is immaterial as at the time of alleged incident, victim was below 18 years of age. She further submits that victim/complainant of this case has duly been informed about hearing of this bail application and despite information, no one has put in appearance on behalf of victim/complainant. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel [2025:RJ-JP:12532] (3 of 3) [CRLMB-3440/2025] for the petitioner, especially the fact that at initial stage, when victim was examined under Section 180 of BNSS, she did not level any allegation against the petitioner; material available on record in the form of charge-sheet; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Narendra @ Babu S/o Shri Baluram shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made herein above are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /163