Rajasthan High Court - Jodhpur
Ajit Singh vs State Of Rajasthan (2024:Rj-Jd:45465) on 11 November, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:45465] (1 of 3) [CRLMB-13721/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13721/2024
Ajit Singh S/o Ajayab Singh, Aged About 23 Years, R/o W.No.07,
Saliwala, P.S. Tibbi , Dist. Hanumangarh. (At Present Lodged In
Dist Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Achala Ram.
For Respondent(s) : Mr. Shrawan Singh, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 11/11/2024 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.582/2023 registered at Police Station Hanumangarh Junction, District Hanumangarh, for offences under Sections 363A, 366A, 376(2)(n) of the IPC, Sections 3(1)(w) and 3(2)(va), 3(2)(v)of the SC/ST Act and Sections 5(l)/6 and 5(2)/6 of the POCSO Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Drawing attention of the Court towards the statements of the victim 'D' (PW-1) recorded before the competent criminal Court, learned counsel for the petitioner submitted that the victim 'D', who is aged about 17 years, voluntarily went away with the petitioner who is aged about 22 years and remained in his (Downloaded on 11/11/2024 at 10:10:32 PM) [2024:RJ-JD:45465] (2 of 3) [CRLMB-13721/2024] company for more than 15-16 days out of her own free will and volition. Learned counsel submitted that the statements of the prosecutrix recorded before the competent criminal Court clearly indicate that she had travelled with the petitioner to various places such as Jodhpur, Ahmedabad, Bikaner, Punjab, etc. using public transportation, however, despite having ample opportunities, she did not disclose the factum of she being abducted or subjected to sexual assault by the present petitioner to any one. Learned counsel submitted that the petitioner and the prosecutrix were having a consensual relationship, however, on the relations between them turning strained, she has roped the petitioner in a false criminal case.
Lastly, learned counsel submitted that the petitioner, who is aged about 22 years, is in judicial custody since 18.12.2023; investigation against him has already been completed and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, this Court finds sufficient force in the argument of the learned counsel for the petitioner that while the victim 'D' was travelling with the petitioner using public transportation to various places, she, despite having ample opportunities, did not disclose the factum of she being abducted or subjected to sexual assault to anyone. In the prima facie opinion of this Court, the possibility of the petitioner having a love affair (Downloaded on 11/11/2024 at 10:10:32 PM) [2024:RJ-JD:45465] (3 of 3) [CRLMB-13721/2024] with the victim 'D' cannot be ruled out, at this stage. This Court further finds that the since the statements of the victim 'D' have already been recorded, now there is no apprehension of the petitioner influencing her. The learned Public Prosecutor has also not shown any apprehension of the petitioner influencing the other material prosecution witnesses or fleeing away from justice, in case he is enlarged on bail.
Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Ajit Singh S/o Ajayab Singh arrested in connection with F.I.R. No.582/2023 registered at Police Station Hanumangarh Junction, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 94-Tikam/-
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