[2025:RJ-JP:48333] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13746/2025 Rahul Kumar Varma S/o Shri Gulab Chand, Aged About 23 Years, R/o Gheeroda, P.s. Tahla, District Alwar (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Hemant Kumar Sharma For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 27/11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 0295/2025 registered at Police Station Samod District Jaipur Rural for the offence(s) under Sections 70(1), 351(2), 351(3), 115(2), 127(2) of BNS, 2023. 2. Learned counsel for the accused-applicant submitted that it has been averred in the FIR that the applicant and the victim were in close acquaintance with each other and that their engagement/marriage had also taken place. It is further submitted that the parties had been living together for a considerable period. It is also submitted that the FIR in the instant matter has been lodged after an inordinate delay of three months from the date of the alleged incident. It is further submitted that the applicant is in custody for past 72 days and the victim in the [2025:RJ-JP:48333] (2 of 3) [CRLMB-13746/2025] instant matter is major in terms of age. Moreover, it is submitted that the medical report is not supportive of the case of prosecution. 3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application and submitted that there are as many as three criminal antecedents registered against the applicant, one of which pertains to an offence under the POCSO Act. It is further submitted that although a consensual relationship is claimed for some time. The contents of the FIR reflects contradictory statements regarding the age of the victim, as it indicates that she was major in terms of age. 4. Having heard the arguments advanced by the learned counsel for the parties, considering that the applicant and the victim were in consensual relationship with each other; that the engagement/marriage between the applicant and the victim had also taken place; that they had been living together for a considerable period; that the FIR has been lodged after an inordinate delay of three months and considering the custody period of the applicant, and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail instant application of the accused-applicant and enlarge him on bail. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Rahul Kumar Varma S/o Shri Gulab Chand shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his [2025:RJ-JP:48333] (3 of 3) [CRLMB-13746/2025] appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J JKP/105