[2025:RJ-JP:42613] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 11990/2025 Balwant @ Bunty S/o Prahlad Jaat, Aged About 25 Years, R/o Indali, Police Station, Bagad (At Present Confined In District Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through Special Pp Jhunjhunu, District Jhunjhunu. ----Respondent For Petitioner(s) : Mr. Manish Poonia For Respondent(s) : Mr. Rahul Agarwal Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/10/2025 1. Instant second bail application under Section 483 of BNSS is filed by the applicant-accused Balwant @ Bunty S/o Prahlad Jaat seeking bail in respect of a criminal case registered as FIR No.222/2024 dated 27.08.2024 registered at P.S. Bagad District - Jhunjhunu, for the offence under Section 137(2) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the [2025:RJ-JP:42613] (2 of 4) [CRLMB-11990/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submits that first bail application was dismissed on 08.08.2025 and since then not much progress has been reported in disposal of case. He further submitted that after recording statement of victim there are no chance that petitioner may influence any of the witness. He further submitted that the cases reported against present petitioner were of simple in nature and some of them have disposed. He also submitted that age of victim is more than 16 years and her cross-examination clearly indicate that present petitioner has not committed forceful rape with her. 4. Aforesaid contentions were opposed by learned public prosecutor and learned counsel for complainant. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of report registered by father of a 16 years old victim about elopement on 26.08.2024, a criminal case is registered and matter is investigated. During investigation, the victim was recovered from possession of petitioner- accused from Bihar-Nepal border and after her recovery, her statement under Sections 180 and 183 of BNSS were recorded. After investigation, a charge-sheet has been filed against the petitioner-accused. 7. As per statement of learned counsel only seven witnesses were examined so far and no other witness has been [2025:RJ-JP:42613] (3 of 4) [CRLMB-11990/2025] examined thereafter. While considering first bail application on 08.08.2025, we have observed as under: “We have considered statement of victim wherein she stated her age as 16 years and her date of birth as 25.04.2008 and same is also proved by PW-1 Ajay Kumar (teacher). Victim has stated that the accused has committed forcible rape with her on 20.08.2024. The victim has visited Nepal but while returning from Nepal, she was intercepted and detained. We have considered statements of other family members and also of PW-7 Vikas Kumar (hotel manager). In case of Kishan Kashyap Vs. State of Rajasthan :S.B. Criminal Misc. Bail Application No.9585/2023 (supra), a Co- ordinate Bench while considering Bail Application No.9585/2023 has granted bail to both the accused. In case of Riyaz Vs. State (Govt. of NCT of Delhi) and Anr. in Bail Application No.1710/2024 (supra) after considering consensual sex with a girl between 16 to 18 years, the Court had granted bail to the accused. Here in this case, the material on record indicate that this petitioner accused is having a criminal background and as per police 7 criminal cases were registered at PS Bagad itself. The material submitted by the counsel for the complainant indicate that present petitioner accused is one of the well known criminal and a historysheeter. As per FSL report, the male DNA profile obtained from underwear of victim is matching with DNA profile of the accused. Considering the criminal background of the petitioner-accused and continuous involvement in criminal matters, I am of considered view that the petitioner-accused is not entitled to get benefit of bail orders submitted by learned counsel but criminal antecedents are sufficient to dismiss the bail application.” 8. Having considered the role and involvement of present petitioner and also his criminal antecedents, the petitioner is [2025:RJ-JP:42613] (4 of 4) [CRLMB-11990/2025] not entitled to be released on bail, as it is a case of human trafficking. 9. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 10. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 11. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Balwant @ Bunty S/o Prahlad Jaat is hereby dismissed. The Trial Court is directed to expedite the trial and make all endeavors to conclude as early as possible. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /1