[2025:RJ-JP:35686] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10677/2025 Vishal S/o Shri Vijay Pal, Aged About 20 Years, R/o Gundva Police Station Sewar District Bharatpur (Raj.) (At Present Confined In Central Jail Sewar, Dist. Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Rajeev Kumar Sogarwal for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Vishal S/o Shri Vijay Pal in FIR No.386/2025 dated 14.07.2025 registered at P.S. Sewar, District - Bharatpur, whereby the petitioner-accused has charged under Sections 64(1), 308(2), 351(2) and 351(3) of BNS, 2023. 2. The petitioner was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that for incident of 10 [2025:RJ-JP:35686] (2 of 4) [CRLMB-10677/2025] months old, a report is registered by prosecutrix. He further submits that a report is registered after delay of 10 months through a complaint lodged before the Court. He submits that prosecutrix is a married female and her age is more than 28 years and age of present petitioner is 20 years and he is in custody since 30.07.2025. He also submits that no video is recovered from possession of the present petitioner accused. He also referred statement of prosecutrix recorded under Sections 180 and 183 of BNSS and submitted that this is a case of consensual relationship and prosecutrix has registered a false case under the pressure of family. He also submits that there is no proof of any financial demand by petitioner accused and false allegations were levelled by the prosecutrix. He also submitted that the trial will take time and no purpose will be served by keeping the petitioner- accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. Learned Public Prosecutor has submitted report received from concerned police station. 5. Learned counsel for the complainant has submitted that this is a case of sexual exploitation of a poor woman by the petitioner accused. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On basis of complaint filed before learned Chief Judicial Magistrate, Bharatpur, a criminal case is registered on [2025:RJ-JP:35686] (3 of 4) [CRLMB-10677/2025] 14.07.2025 for rape of prosecutrix for last 10 months by the petitioner-accused and further intimidation by the accused. During investigation, police has recorded statements of victim under Sections 180 and 183 of BNSS. The material on record clearly indicate that victim and accused, both are adult persons and on multiple times they had physical relations. Police has not recovered any video or photograph. There is no criminal antecedents against the petitioner accused. 8. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioner-accused. 9. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Vishal S/o Shri Vijay Pal is ordered to be released on bail upon furnishing 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 petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:35686] (4 of 4) [CRLMB-10677/2025] (iii) The petitioner-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 petitioner-accused shall be liable to be cancelled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/168