[2025:RJ-JP:34619] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8393/2025 1. Hemraj @ Hansraj S/o Ramprasad, Aged About 41 Years, R/o Bhagvatpura Police Station Chippabarod District Baran (Raj) (At Present Confined In District Jail, Jhalawar (Raj) 2. Devbai W/o Kamlesh, Aged About 21 Years, R/o Bhagvatpura Police Station Chippabarod District Baran (Raj) (At Present Confined In District Jail, Jhalawar (Raj) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8394/2025 Kamlesh S/o Ramprasad, Aged About 22 Years, R/o Bhagvatpura Police Station Chippabarod District Baran (Raj) (At Present Confined In District Jail, Jhalawar (Raj) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Rahul Sinsinwar Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/08/2025 1. These bail applications filed under Section 483 of BNSS by the applicants-accused Hemraj @ Hansraj S/o Ramprasad, Devbai W/o Kamlesh and Kamlesh S/o Ramprasad in FIR No.368/2024 dated 25.11.2024 registered at P.S. Khanpur, District [2025:RJ-JP:34619] (2 of 4) [CRLMB-8393/2025] -Jhalawar, whereby the applicants-accused were charged under Sections 137 (2), 87, 65(2), 70(2), 127(2), 62 BNS and Section 5GM/6 read with Section 18 of POCSO Act. 2. Learned counsel for applicants-accused submits that applicants-accused are innocent persons and they were falsely implicated at the behest of complainant. He further submitted that victim stated her age as 16 years and as per her, she has not visited any school. He also referred charge-sheet of police and submitted that disposal of case will take its own time and applicant-accused are in custody since their arrest. 3. Learned counsel for applicants-accused further referred statement of PW-1 (victim) recorded before the Trial Court and submitted that she has turned hostile and not supported the case of prosecution. He also referred the statement of PW-2 and PW-3 (parents of victim) and submitted that both have also turned hostile and not supported the case of prosecution. He also referred the medical report and submitted that no injuries were found on body of victim, and there is no evidence of forcible rape with victim. He further referred FSL report and submitted that report is also negative and nothing was found in the samples collected by police. 4. Aforesaid contentions were opposed by learned Public Prosecutor, but learned counsel for complainant-victim has submitted that he has no objection in case, bail is granted to these applicants. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. [2025:RJ-JP:34619] (3 of 4) [CRLMB-8393/2025] 6. On basis of report dated 25.11.2024 lodged by PW-2 (mother of victim) about kidnapping of her minor daughter by applicants-accused, a case is registered under Section 137 (2) of BNS and further victim is recovered in pursuant to investigation and her statement were recorded under Sections 180 and 183 of BNS. The medical of victim was also conducted during investigation and samples were collected for FSL. 7. After filing of charge-sheet, victim, who stated her age as 16 years, was examined as PW-1 before the Trial Court and she has turned hostile and not supported the case of prosecution. Mother of victim, who is complainant, examined as PW-2 and father of victim, who examined as PW-3 also turned hostile and not supported the case of prosecution. We have considered statement of all the three witnesses. 8. Thus, the instant bail application filed on behalf of applicants-accused Hemraj @ Hansraj S/o Ramprasad, Devbai W/o Kamlesh and Kamlesh S/o Ramprasad, are hereby allowed and the applicants-accused Hemraj @ Hansraj S/o Ramprasad, Devbai W/o Kamlesh and Kamlesh S/o Ramprasad, are ordered to be released on bail with condition that each of the applicants-accused would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:34619] (4 of 4) [CRLMB-8393/2025] (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /65-66