[2025:RJ-JP:7293] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14501/2024 Narendra Kumar S/o Gopal, Aged About 19 Years, R/o Battipura, Ps Bari, District Dhoulpur. (At Present Confined In Central Jail, Dhoulpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ajay Singh, Mr. Manish Singh For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/02/2025 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.366/2024 registered at Police Station Bari, District Dholpur (Rajasthan) for the offences punishable under Sections 70(1), 331(4), 140(3), 87 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 87 and 64(1) of BNS, 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that a missing person report was lodged in this matter thereafter, victim was recovered and produced before the Sub-Divisional Magistrate. It is submitted that the victim was examined and her statement was [2025:RJ-JP:7293] (2 of 3) [CRLMB-14501/2024] recorded by the S.D.M, wherein no allegation of rape was levelled against the petitioner. Counsel submits that after almost 50 days of the aforementioned incident on 13.09.2024 present FIR has been registered against the petitioner alleging therein that in the month of July, petitioner committed rape upon the victim. Charge- sheet has been filed and trial will take considerable time in its conclusion. Petitioner is in custody since 07.10.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner however, she fairly concedes that when statement of the victim was recorded in the missing person report by the SDM, no allegation of rape was levelled against the petitioner. Counsel further submits that victim/complainant of this case has duly been informed about hearing of this bail application. 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose this bail application. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the contentions advanced by learned counsel for the petitioner and material made available in the form of charge-sheet, statement of the victim recorded in the missing person report; trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 7. This bail application is accordingly allowed and it is directed [2025:RJ-JP:7293] (3 of 3) [CRLMB-14501/2024] that accused-petitioner -Narendra Kumar S/o Gopal 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. 8. The observation made herein above is only for just decision of the bail and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN), J Pcg/83