[2025:RJ-JP:12923] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 3753/2025 Irfan S/o Shri Ayub Khan, R/o Khohari Kalan, Police Station Tapukda, District Alwar (Raj.) (Petitioner Is In Judicial Custody In District Jail, Alwar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta, Adv. For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/03/2025 1. The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.382/2024 registered at Police Station Tapukada, District Bhiwadi (Raj.) for the offences punishable under Sections 137(2), 87, 303(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. Later on, Police filed charge- sheet in this matter for the offences punishable under Sections 137(2), 70(2), 96, 64(1), 331(4) & 61(2)(a) of BNS, 2023 & Sections 5g/6 of POCSO Act, 2012. 2. The first bail application (No.492/2025) was dismissed as withdrawn by this Court vide order dated 14.02.2025 with liberty to renew the prayer of bail after filing of charge-sheet. Now, charge- sheet has been. Thus, this second bail application has been preferred. [2025:RJ-JP:12923] (2 of 3) [CRLMB-3753/2025] 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that at the time of alleged incident, victim was at the verge of majority according to the prosecution case and her date of birth is 09.03.2007 as her school record. He further submits that initially, the victim was examined under Section 180 of BNSS, wherein she stated that she knew the petitioner, and he came with 4-5 persons in a vehicle and took her away. Thereafter, she went with the petitioner on motorcycle, then with the petitioner in bus, and stayed in a rented room where she developed physical relations with the petitioner on her own volition. She also specifically stated that no one forced her into a relationship. Thereafter, she was examined under Section 183 of BNSS, wherein she changed her story and leveled allegations against Ajmat, but did not level any allegation of rape against the petitioner. According to the medical examination of the victim, it appears that she was fully grown up girl at the time of alleged incident and no sign of sexual assault was found on her person. He argues that charge-sheet has already been filed, there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. He contends that the petitioner, who is young a boy of 20 years old, is in custody since 06.12.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that victim was below 18 years at the time of alleged incident and therefore, her [2025:RJ-JP:12923] (3 of 3) [CRLMB-3753/2025] consent, if any, is immaterial. He further submits that complainant/victim of this case has duly been informed about hearing of this bail application. 5. Despite information, no one has put in appearance on behalf of complainant to oppose the bail application. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also considering the material made available on record in the form of charge-sheet including statement of victim recorded under Sections 180 and 183 of BNSS; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 8. This second bail application is accordingly allowed and it is directed that accused-petitioner - Irfan S/o Shri Ayub Khan, 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. 9. The observation made herein above is 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 MADAN/52