[2025:RJ-JP:31682] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 6652/2025 Vipin Singh @ Abhi S/o Ganesh, Aged About 20 Years, R/o Kunsay, Police Station Wazirpur At Present Residing At Amit Colony Mahuklan, Police Station Gangapur City, District Gangapur City (Raj.). (At Present Confined In Sub Jail Gangapur City). ----Petitioner Versus 1. The State Of Rajasthan, Through PP 2. Complainant W/o Devilal, Aged About 47 Years, R/o Mahuklan, Police Station Gangapur City, District Gangapur City (Raj.). ----Respondents Connected With S.B. Criminal Miscellaneous Bail Application No. 9580/2025 Abhay Singh S/o Gajendra Singh, Aged About 20 Years, R/o Bairunda, P.s. Sapotara, District Karauli, Presently R/o Mahukalan, Gangapur City, Police Station Gangapur City. (At Present Confined In District Jail Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Avtar Singh Rathore Mr. Rajat Singh Mr. Sachin Bhardwaj Mr. Mukesh Pal Jadoun Mr. Anurag Chahar Mr. Anand Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Mohd. Rahil Kalam HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/08/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.116/2024 registered at Police Station Gangapur City, District Gangapur City for the offences punishable under Sections 376D, 376(2)(n), 386, 363 & 379 of IPC and [2025:RJ-JP:31682] (2 of 4) [CRLMB-6652/2025] Section 5/6 of POCSO Act, 2012. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 376D, 376(2)(n), 386, 363, 354, 376 & 379 of IPC, Sections 3/4, 5/6 & 7/8 of POCSO Act, 2012 and Section 67 of the I.T. Act. 2. The first bail application preferred on behalf of petitioner Vipin Singh @ Abhi was dismissed was withdrawn by this court vide order dated 11.12.2024 with liberty to renew the prayer for bail after recording testimony of victim and her brother. Now, victim as well as her brother have been examined during the course of trial thus, this second bail application has been preferred. 3. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that it appears from the testimony of the victim that she is not a trustworthy witness. It is submitted that victim levelled allegation against co-accused Deepak Saini @ Deepu Mali of commission of rape upon her but in Court testimony, it has clearly been stated by her that no wrong was committed upon her by Deepak. Learned counsel contend that alleged first incident of rape took place on 20.05.2023, when victim was forcefully taken by Deepak Gurjar and Deepak Mali despite this, matter has been reported to the police in the month of April, 2024. Counsel submit that no plausible explanation is available on record with regard to the delay. Counsel submit that there are no criminal antecedents against the petitioner- Vipin Singh @ Abhi whereas three other cases have been registered against petitioner- Abhay Singh. It is argued that trial will take [2025:RJ-JP:31682] (3 of 4) [CRLMB-6652/2025] considerable time in its conclusion. It is argued that petitioners are in custody since April, 2024 and further custody of the petitioners would not serve any fruitful purpose. 4. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by learned counsel for the petitioners. 5. Learned counsel for the complainant submits that except Deepak Saini @ Deepu Mali, victim has levelled allegations against all the co-accused persons of committing rape upon her. He submits that it is a matter of gang rape and in such cases, delay in reporting the matter to the police is not material. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the argument advanced by learned counsel for the parties, especially considering the material available on record in the form of charge-sheet including testimony of the victim and trial will take considerable time in its conclusion 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 these bail applications. 8. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Vipin Singh @ Abhi S/o Ganesh, and (2) Abhay Singh S/o Gajendra Singh, shall be released on bail provided each of them 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 they shall appear before that Court and [2025:RJ-JP:31682] (4 of 4) [CRLMB-6652/2025] 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 observations made hereinabove are only for decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /124-125