[2025:RJ-JP:5612] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16159/2024 Keshav S/o Shri Pooranchand, R/o Vyas Colony, Ucchain, Police Station Ucchain, District Bharatpur. (At Present In Sub Jail Bayana, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Chandra Mohan Sharma For Respondent(s) : Mr. J.P. Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/02/2025 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.246/2024 registered at Police Station Ucchain, District Bharatpur (Rajasthan) for the offences punishable under Sections 64(1), 308(2) & 351(3) of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 64(1) & 308(2) of BNS. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that according to the allegation levelled in the FIR, obscene photos and videos of the victim were prepared by the petitioner and on that pretext, he is sexually exploiting the victim for last two years. Counsel submits that during the course of investigation, no such videos or photographs have been recovered and vague allegation [2025:RJ-JP:5612] (2 of 3) [CRLMB-16159/2024] has been levelled against the petitioner. Counsel submits that victim of this case is a married lady aged about 24 years and despite several opportunities, she failed to report the matter to the police. Counsel submits that either false case has been lodged against the petitioner or relation between the victim and petitioner was consensual in nature. Petitioner is in custody since 06.11.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that in FIR as well as statement of the victim recorded under Section 183 of BNSS (Section 164 of Cr.PC), there is allegation against the petitioner that on the pretext of some obscene photographs and videos, victim of this case has been sexually exploited by the petitioner. 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 and considering the material available on record in the form of charge-sheet, especially the fact that no obscene photographs and videos were recovered from the petitioner; period of custody and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Keshav S/o Shri Pooranchand shall be released on bail provided he furnishes a personal bond in the sum [2025:RJ-JP:5612] (3 of 3) [CRLMB-16159/2024] 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 LALIT MOHAN /141