HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16144/2024 Dharmendra S/o Late Udaisingh @ Chilkaiya, Aged About 23 Years, R/o Village Hukmikheda, Police Station Suroth, District Karauli (Rajasthan) (At Present In Sub Jail Gangapur City). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. V.D. Agnihotri Mr. Chandra Mohan Sharma For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 16/01/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.223/2024 registered at Police Station Wazirpur, District Gangapur City for the offence(s) under Section 64(1) of B.N.S. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that in the FIR, it is alleged against the accused- petitioner that on 03.11.2024, he committed rape with the prosecutrix, after investigation, the police did not find that on 03.11.2024, the accused-petitioner committed rape with the prosecutrix. It is also contended that in the statement of the prosecutrix, rendered under Section 183 B.N.S.S., she levelled allegations of rape against the accused-petitioner prior to 4-5 (2 of 2) [CRLMB-16144/2024] months of the present FIR. The accused-petitioner is in custody since 24.11.2024, trial of the case will take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application. 4. Heard and perused the material available on record. 5. Considering the fact that in the FIR, it is alleged that on 03.11.2024, the accused-petitioner committed rape with the prosecutrix. The prosecutrix in her statement rendered under Section 183 of B.N.S.S. did not utter a word about the commission of rape by the accused-petitioner on 03.11.2024, however, she has stated that the accused-petitioner committed rape with her 4- 5 months back before the present FIR, considering the above facts, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner Dharmendra S/o Late Udaisingh @ Chilkaiya in connection with FIR No.223/2024 registered at Police Station Wazirpur, District Gangapur City, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J DEEPA RANI -268