[2025:RJ-JP:34045] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8277/2025 Suraj Khinchi S/o Mulkraj Khichi, Aged About 23 Years, Plot No 1-C-11, Chatrpura Talab, Kota, Police Station Vigyan Nagar Dist Kota ( At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.P, ----Respondent For Petitioner(s) : Mr. Shivraj Chauhan For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Gaurav Rathore, for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/08/2025 1. This instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Suraj Khinchi S/o Mulkraj Khichi in FIR No.40/2025 dated 14.01.2025 registered at P.S. Shivdaspura District – Jaipur City (South), whereby the petitioner-accused has charged under Section 64(2)(m) of BNS, 2023. 2. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. He submits that the victim-prosecutrix is an adult female and with intention to falsely implicate the petitioner accused, she has lodged a report of sexual assault against the petitioner accused after delay. He further submits that the prosecutrix and her mother are habitual in registering identical nature of [2025:RJ-JP:34045] (2 of 4) [CRLMB-8277/2025] cases against other persons and he specifically referred FIR No.487/2019 registered at PS Udyog Nagar, Kota City and FIR No.477/2021 registered at PS Udyog Nagar, Kota City. He further submits that no injures were found on body of victim and this petitioner-accused is in custody since 06.03.2025, who is a student. He also submitted that the trial will take its own time and no purpose will be served by keeping the petitioner-accused in custody. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. 4. Learned counsel for the complainant has submitted that two FIRs has referred and registered at PS Udyog Nagar, Kota City relating to dispute with neighbour and it has nothing to do with conduct of victim in the instant case. He further submits that the petitioner-accused has exploited complainant-victim and further assaulted her and committed rape with her. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 6. On basis of report dated 14.01.2025 lodged by victim about incident of rape committed by the petitioner-accused on 21.12.2024 and 22.12.2024, a report is registered and matter is investigated. During investigation, statements of victim are recorded under Sections 180 and 183 of BNSS and her medical is conducted. After investigation, this petitioner-accused is arrested and a charge-sheet has been filed. [2025:RJ-JP:34045] (3 of 4) [CRLMB-8277/2025] 7. We have perused the copies of FIR No.487/2019 registered on 25.07.2019 by mother of victim when the victim was minor but it relates to sexual assault. FIR No.477/2021 is registered by mother of victim for sexual assault with her minor daughter. At this stage, it is not possible to express any opinion about said reports and we cannot frame any opinion about the alleged conduct as the facts of each case are different. 8. We have considered statements of victim recorded under Sections 180 and 183 of BNSS and also considered the fact that the age of present petitioner is 23 years and victim is more than 18 years, the report is registered on 14.01.2025 and the incident is of 21.12.2024 and 22.12.2024. 9. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioner-accused. 10. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Suraj Khinchi S/o Mulkraj Khichi is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- [2025:RJ-JP:34045] (4 of 4) [CRLMB-8277/2025] (i) The petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-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 petitioner-accused shall be liable to be cancelled. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PKS/104