Rajasthan High Court - Jodhpur
Mahesh vs State Of Rajasthan (2024:Rj-Jd:44122) on 4 November, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:44122]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8132/2024
Mahesh S/o Ratan, Aged About 19 Years, R/o Sunariya, P.S.
Patan, District Banswara.
(Presently lodged at District Jail Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Hitender Singh
For Respondent(s) : Mr. Hanuman Prajapati, AGA assisted
by Mr. Pawan Kumar Bhati
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 04/11/2024
1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.185/2023, registered at Police Station Patan (Banswara), District Banswara for offences under Sections 363, 366, 344 and 376(2)(n) of IPC & Sections 5(l)/6 of POCSO Act.
2. Heard learned counsel for the parties. Perused the material available on record.
3. Drawing attention of the Court towards the statements of the victim- 'P' recorded under Sections 161 and 164 Cr.P.C. as well as the FIR, learned counsel for the petitioner submitted that though the victim- 'P' in her statements recorded under Section 164 Cr.P.C. before the competent criminal Court has levelled the allegations of sexual assault- rape against the present petitioner (Downloaded on 04/11/2024 at 09:37:36 PM) [2024:RJ-JD:44122] (2 of 3) [CRLMB-8132/2024] however, the other materials available on record are indicative of the fact that on 19.11.2023 she went away with the present petitioner out of her free will and volition. Learned counsel submitted that the victim- 'P' remained in the company of the present petitioner for more than four days and developed physical relationship.
4. Lastly, learned counsel for the petitioner contended that the petitioner who is aged about 19 years is in judicial custody since 13.12.2023; challan has already been filed before the competent criminal Court; and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
5. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of allegations levelled against the present petitioner, he does not deserve to be enlarged on bail.
6. Having considered the facts and circumstances of the case and after perusing the challan papers as well as the documents annexed therewith, this Court prima facie finds that the argument of the learned counsel for the petitioner that victim- 'P' has voluntarily went away with the present petitioner on 19.11.2023 and remained in company of the present petitioner for more than four days out of her free will and volition cannot be brushed aside at this stage. This Court also prima facie finds that the petitioner who is aged about 19 years only and he is in judicial custody since 13.12.2023; investigation against the petitioner has already been completed; and the prosecution has not shown any apprehension (Downloaded on 04/11/2024 at 09:37:36 PM) [2024:RJ-JD:44122] (3 of 3) [CRLMB-8132/2024] of the petitioner influencing the material prosecution witnesses of the case 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.
7. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Mahesh S/o Ratan arrested in connection with F.I.R. No.185/2023, registered at Police Station Patan (Banswara), District Banswara, 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 13-himanshu/-
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