[2025:RJ-JP:40251] (1 of 4) [CRLMB-11908/2025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11908/2025 Musraf Khan S/o Nasruddin, Aged About 22 Years, R/o Karmoda Bavdi Ke Pass, Police Station Mantown, Sawai Madhopur. (At Present Confined In District Jail Sawai Madhopur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Tarun Jain For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Vivek Yadav for Dr. Mahesh Sharma, for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/10/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Musraf Khan S/o Nasruddin, seeking bail in respect of a criminal case registered as FIR No.222/2025 dated 24.06.2025 registered at P.S. Mantown, District Sawai Madhopur for the offences under Sections 70(1) and 351(2) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023 and Section 5/6 of POCSO Act. 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 also submits that there are no chance of fleeing of applicant-accused from the jurisdiction [2025:RJ-JP:40251] (2 of 4) [CRLMB-11908/2025] of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant-accused submitted that applicant-accused is an innocent person. He submits that age of victim is 19 years and she is having friendship with present petitioner for last three years. He further submits that this victim is married and she has lodged a report after a delay of three days. He further submits that neither any video nor any photograph was recovered from the possession of present petitioner. He also submits that after investigation, charge-sheet has been filed against the petitioner who is in custody since his arrest on 14.07.2025. Trial will take its time, thus, the applicant may be enlarged on bail. 4. Learned Public Prosecutor has vehemently opposed the bail applications and submissions made by learned counsel for the applicant-accused. Learned counsel for the complainant has opposed the bail application and submits that at the time of first incident, victim was minor and she has corroborated the incident of rape committed by present petitioner. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of report dated 24.06.2025 lodged by father of 19 year old victim about incident of 21.06.2025 and three years prior to said incident, a report is registered and matter [2025:RJ-JP:40251] (3 of 4) [CRLMB-11908/2025] is investigated. During investigation, statement of victim were recorded under Sections 180 and 183 BNSS. The date of birth of victim is 05.06.2006 and she was an adult on day of incident. Present petitioner accused is arrested on 14.07.2025. Police has found that offence under Section 5/6 of POCSO Act is not made out. After concluding investigation, charge-sheet is filed. Three criminal cases were registered against present petitioner and all were triable by First Class Magistrate. 7. Having considered the submissions advanced on behalf of both parties and upon perusal of the material available on record, the Court finds that the grounds raised in support of the bail application, coupled with other facts such as absence of any apprehension regarding absconding of applicant- accused, tampering with evidence, or influencing witnesses, it is justified to grant of bail. 8. Thus, the instant bail application filed on behalf of applicant- accused Musraf Khan S/o Nasruddin, is hereby allowed and the applicant-accused is ordered to be released on bail with condition that he would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:40251] (4 of 4) [CRLMB-11908/2025] (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHARU SONI /52