[2025:RJ-JP:6941] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14710/2024 Bablu Kumar Swami S/o Late Shri Ramdas Swami, Aged About 24 Years, R/o Indrawali Tehsil, Police Station Katumber, Alwar Presently Working At Factory No. 19, Prahaladpura, Riico Area, Police Station Shivdaspura, Jaipur (Raj.) (Presently Accused In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abhijeet Panchariya For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2025 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.789/2024 registered at Police Station Shivdaspura, District Jaipur City (South) for the offence under Section 64(1) of BNS. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that victim is a married lady, aged about 27 years. It is submitted that as per the statement of victim, she was raped by the petitioner in the bushes near the road. It is submitted that allegations of the victim are not supported by the medical evidence as in medical examination, no sign of sexual assault was found on the person of victim. Learned counsel [2025:RJ-JP:6941] (2 of 3) [CRLMB-14710/2024] contends that either this case is false implication or relationship between the petitioner and victim was consensual in nature. It is contended that petitioner has no criminal antecedents and he is in custody since 30.09.2024. Learned counsel argues that further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. She submits that there is allegation against the petitioner of commission of rape with the victim. 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, as also considering the material available on record in the form of charge-sheet including statement of victim recorded under Sections 180 & 183 BNSS; absence of criminal antecedents and period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Bablu Kumar Swami S/o Late Shri Ramdas Swami, 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 [2025:RJ-JP:6941] (3 of 3) [CRLMB-14710/2024] 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. (ANIL KUMAR UPMAN),J CHARU SONI /103