[2025:RJ-JP:36685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11095/2025 Altaf Khan S/o Shri Mohammad Mubin, R/o Village- Mujana, Po- lice Station- Odwara, District- Basti, Uttar Pradesh, Presently Re- siding At House No. A-386, Sector- 1, Old Vidhyadahr Nagar Jaipur. (At Present Accused Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajat Singh Solanki Mr. Om Prakash Godara For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/09/2025 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.384/2024 registered at Police Station Vidhyadhar Nagar, District Jaipur City for the offence punishable under Sections 127(2) & 70(1) of BNS. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that victim of this case has been examined during the course of trial and it appears from the record that victim was having affair with the co-accused person. She left her matrimonial home on her own and went to the house of the co-accused [2025:RJ-JP:36685] (2 of 3) [CRLMB-11095/2025] person. It is submitted that as per FIR, it was alleged that victim was raped by the co-accused and two other persons, while in this matter four persons have been charge-sheeted on the basis of identification. It is also evident from the record that in the statement of victim which was recorded under Section 183 of BNSS after two days of the registration of FIR, there is no allegation of commission of rape against any person despite the fact that FIR was lodged by the victim herself. It has also been admitted by the victim in her cross-examination that she gave the statement under Section 183 of BNSS on her own after discussion with female police officers. Petitioner is in custody since his date of arrest & 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 the learned counsel for the petitioner and submits that it is a matter of gang rape and there is specific allegation of commission of rape against four person. 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 for the petitioner, especially the fact that the victim in her cross-examination has admitted that she did not alleged anything against anyone in her statement recorded under Section 183 of BNSS; trial will take 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 the bail application. [2025:RJ-JP:36685] (3 of 3) [CRLMB-11095/2025] 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Altaf Khan S/o Shri Mohammad Mubin 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 observation made hereinabove 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 GAUTAM JAIN /287