[2025:RJ-JP:34804] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5974/2025 Abishek Meena S/o Late Shri Krishan Meena, Aged About 21 Years, R/o Halkara Ki Dhani, Banskho, Police Station Bassi, District Jaipur (East). (Presently Confined In Judicial Custody, Jaipur, Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Narayan Singh Choudhary Ms. Sarika Choudhary For Respondent(s) : Mr. Vijay Singh Yadav, PP & Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Judgment / Order 18/08/2025 1. This bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by the applicant-accused Abishek Meena S/o Late Shri Krishan Meena in connection with FIR No. 67/2025, dated 30.01.2025, registered at Police Station Bassi, District Jaipur City (East) for offence under Section 64(1), 351(2), 351(3), 352 of BNS. 2. The applicant was arrested on 21.03.2025 and has been in judicial custody since then. A bail application was moved before the learned Court below; however, the same was dismissed. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the [2025:RJ-JP:34804] (2 of 4) [CRLMB-5974/2025] investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He also submits that the trial will take time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel for applicant submits that the age of prosecutrix-victim is 29 years whereas the age of present applicant-accused is 18 years. He further submits that prosecutrix was having a supermacy and influence over the applicant-accused who is quite younger than her. He further referred the statement and report registered by prosecutrix on 30.01.2025 and submits that the prosecutrix having a physical relation with applicant- accused since September, 2021 and even after 19.01.2024, when a video was allegedly made viral by applicant-accused. He submits that victim had a physical relation with applicant-accused after publishing of video and she has not made any complaint to anyone. He further submits that as per secondary school certificate, the date of birth of present applicant is 02.10.2003 and the chat and communication between applicant-accused and prosecutrix clearly indicate that they were having a consensual relation between them. He also submits that during investigation, when Investigating Officer has asked for video or photograph then victim has denied to have any of the photograph or video with her. At last, he submits that present applicant-accused is in custody since 21.03.2025. 5. Aforesaid contentions were opposed by learned Public Prosecutor and he submits that complainant-victim has already [2025:RJ-JP:34804] (3 of 4) [CRLMB-5974/2025] been intimated. Also considered clarification of Mr. Abhijeet Patil, IPS (IO) of the matter. 6. Heard learned counsel for the applicant-accused along with learned Public Prosecutor. Perused the material placed on record. 7. On basis of report lodged by prosecutrix on 30.01.2025 about rape since September, 2021 and further harassment and exploitation by applicant-accused, the matter is investigated and statement of prosecutrix was recorded under Sections 180 and 183 of BNSS. After investigation, applicant-accused is arrested on 21.03.2025 and a charge-sheet is filed against him. 8. The material on record indicate that date of birth of applicant-accused is 02.10.2003 whereas victim was born in year 1996. The counsel for applicant-accused has also filed photograph and chat between victim and applicant-accused to show that both are having consensual relation with each other. The prosecutrix- victim has alleged that applicant-accused has captured her video and made it viral on Instagram. During investigation, police has recovered telephone of applicant-accused on 21.03.2025. The police has also recovered four photographs submitted by victim on 23.03.2025 and sent them to FSL with mobile handset of applicant-accused. On 20.03.2025, the prosecutrix had submitted photographs and video made viral by accused on 19.01.2024. 9. Having considered the material available on record particularly allegation of capturing video and photograph and further publishing them on Instagram and delay in report to police further indulge in relation with applicant-accused by victim, I am [2025:RJ-JP:34804] (4 of 4) [CRLMB-5974/2025] of the considered view that all these aspects requires consideration during trial, and this is not a fit case to enlarge applicant-accused on bail. There are two criminal cases against the applicant-accused. 10. In view of totality of facts and circumstances of the case, the bail application preferred by applicant accused Abishek Meena S/o Late Shri Krishan Meena filed under Section 483 of BNSS is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /61