Sandeep Kumar @ Bholu S/O Ishwar Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 7874/2025

Surendra S/o Nangaram, Aged About 30 Years, R/o Garu, Police Station Kathumar, District Alwar (Rajasthan) (At Present Confined In District Jail Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Girish Khandewal For Respondent(s) : Mr. Anupam Sharma Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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08/08/2025

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1 This instant application for bail filed under Section 483 of BNSS by the applicant-accused Surendra S/o Nangaram in FIR No. 65/2025 dated 24.02.2025 registered at P.S. Kathumar, District -Alwar, whereby the applicant-accused has charged under Sections 64(2)(m), 351(2) and 332(b) of BNS.

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2 The applicant was arrested and is in judicial custody since then. The Court below has dismissed the bail application.

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3 Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He also submits that prosecutrix is an adult female and mother of two children has registered a false report. He submits that as per report lodged in February, 2025, the incident is of

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May, 2024 and after 10 months she lodged the report. He further submits that the investigation is complete and no video was recovered during investigation. He also submits that when this victim was asked by IO to produce video then she refused to give any video. He further submits that this victim was not handed over the clothes worn by her at the time of alleged rape. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation will take its own time and no purpose will be served by keeping the applicant-accused in custody. At last, he submits that there is no criminal antecedents and charge-sheet has already been filed.

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4 Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant.

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5 Learned counsel for complainant referred the statement under Sections 180 and 183 of BNSS and submits that prosecutrix remained firm from her report to her statement.

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6 Heard learned counsel for the applicant-accused, learned counsel for complainant along with learned Public Prosecutor. Perused the material placed on record.

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7 The prosecutrix has registered a report on 24.02.2025 alleging that applicant has committed rape for first time in May, 2024 and also captured a video. Thereafter, applicant on intimidation has committed rape with prosecutrix after

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taking her to Khedli, Alwar, Nagar and Bharatpur. Lastly, he committed rape on 21.02.2025. The prosecutrix is an adult married female having children.

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8 Upon hearing the arguments and perusing the record, we have found that the applicant-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 applicantaccused.

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9 Thus, the instant bail application filed on behalf of applicantaccused Surendra S/o Nangaram, is hereby allowed and the applicant-accused 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:-

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(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

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(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(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.

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