[2025:RJ-JP:7298] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15858/2024 Lokendra S/o Babulal, Aged About 30 Years, R/o Lilothi, Police Station Nadanpur, District Dholpur. At Present Confined In Judicial Custody At District Jail Dholpur. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sachin Kumar Mittal For Respondent(s) : Ms. Arti Sharma, PP Mr. Mukesh Sharma, for the complainant. 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.106/2024 registered at Police Station Nadanpur, District Dholpur for the offences punishable under Sections 64(1), 351(2), 303(2) and 332(b) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. Later on, police filed charge-sheet for the offences punishable under Sections 64(1), 351(2) and 332(b) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that prosecutrix is a married lady aged about 30 years and relationship between the prosecutrix and petitioner was consensual in nature. It is submitted that petitioner and [2025:RJ-JP:7298] (2 of 3) [CRLMB-15858/2024] prosecutrix were found in the same room by brother in-law of the prosecutrix, thereafter, he locked the room from outside and informed the police. Counsel submits that victim was examined under Section 180 of BNSS wherein she alleged that on an earlier occasion also petitioner committed rape upon her. It is submitted that no FIR was lodged by the prosecutrix with regard to earlier incident of rape. There are no criminal antecedents against the petitioner. Charge-sheet has been filed and trial will take time in its conclusion. Petitioner is in custody since 07.09.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by the learned counsel for the petitioner. Counsel for the complainant submits that petitioner was found in room of the prosecutrix and there is specific allegation against him of committing rape upon her. 4. At this stage, learned counsel for the petitioner submits that there is no specific allegation against the petitioner of committing rape upon the prosecutrix. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also considering the material available on record in the form of charge-sheet including statement of prosecutrix; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the [2025:RJ-JP:7298] (3 of 3) [CRLMB-15858/2024] merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner -Lokendra S/o Babulal, 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 observations made herein above 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 Pcg/89