[2025:RJ-JP:51071] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13482/2025 Prem Kumar Sharma @ Lala Son Of Late Shri Dinesh Chand Sharma @ Deena Nath, Aged About 30 Years, Resident Of Village Pinahat, Police Station Pinahat, District Agra, Uttar Pradesh, At Present House No. 190-A, Rohit Nagar, Pancham Keshav Vidyapeeth Road, Police Station Jaisinghpura Khor, Jaipur. (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Victim, R/o ----Respondents For Petitioner(s) : Mr. Lakhan Singh Tomar For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 17/12/2025 1. The present bail application has been filed under Section 483 of B.N.S.S. on behalf of the accused-petitioner, namely Prem Kumar Sharma @ Lala Son Of Late Shri Dinesh Chand Sharma @ Deena Nath, in connection with FIR No.248/2025 registered at Police Station Jaisinghpura Khor, District Jaipur City (North) for the offence(s) under Section(s) 3/4 of the POCSO Act, 2012 in alternate Section 65(1) of B.N.S. and Section 5(n)(l)/6 of POCSO Act, 2012 in alternate Section 64(2)(f)(m) of B.N.S. and Section 351(3) of the B.N.S. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case, he has nothing to do with the alleged offences and he is behind the bars since 14.07.2025. It is further submitted that neither the victim [2025:RJ-JP:51071] (2 of 2) [CRLMB-13482/2025] got medically examined nor the place of occurrence was inspected. The FIR has also been lodged with the delay. After investigation, charge-sheet has been filed in the matter. Looking to the overall facts and circumstances of the case, the petitioner is entitled for regular bail in this matter. 3. Despite service of notice upon the respondent-complainant, no one has appeared on behalf of the complainant. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the date of birth of the victim is 04.10.2010, and her age at the time of the alleged incident was below 16 years. It is further submitted that the victim, in her statement recorded under Section 183 of the BNSS, has specifically levelled allegation of rape against the present petitioner. Therefore, the bail application deserves to be dismissed. 5. I have considered the overall allegations levelled in the statement of the victim recorded under Section 183 of B.N.S.S., and the contentions made by learned counsel for both the parties 6. Thus, without commenting upon the merits/demerits of the case and looking to the overall facts & circumstances of the case, this Court does not deem it appropriate to grant the benefit of regular bail to the accused-petitioner. 7. Accordingly, the instant bail application filed under Section 483 of B.N.S.S. is dismissed. (VINOD KUMAR BHARWANI),J SAURABH /64