Rajasthan High Court - Jodhpur
Bharat vs State Of Rajasthan (2024:Rj-Jd:14693) on 3 April, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:14693]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3012/2024
Bharat S/o Suresh Chandra, Aged About 21 Years, R/o Piplodi, Ps
Ringrod, Dist Ratlam, Mp. (Lodged In Dist Jail Pratapgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. S, Through Her Father Prathivi Raj R/o Amalawad Ps
Pratapgarh Dist Pratapgarh
----Respondents
For Petitioner(s) : Mr. Amardeep Lamba
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 03/04/2024 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.233/2023 registered at Police Station Pratapgarh, Dist. Pratapgarh, for the offences under Sections 363, 344, 366, 376(2)
(n) of IPC and 3/4, 5(l)/6 of POCSO Act, 2012.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the petitioner who is aged about 21 years is in judicial custody since 01.12.2023. Drawing attention of the Court towards the statements of the victim-'S' recorded under Section 161 and 164 Cr.P.C., learned counsel for the petitioner submitted that the petitioner and the victim-'S' who is aged about 17 years were having a consensual relationship. Learned counsel submits that (Downloaded on 03/04/2024 at 08:42:10 PM) [2024:RJ-JD:14693] (2 of 3) [CRLMB-3012/2024] the statements of the victim-'S' are sufficient to drawn an inference that she had voluntarily gone with the present petitioner on 25.05.2023 and remained in his company out of her own free will and volition for more than ten days.
Learned counsel further submitted that while the victim was in his company, they travelled to various places like Pratapgarh, Udaipur, Bhopal, vishakapatnam, etc together while using public transportation, thus, the victim-'S' was having sufficient opportunities to disclose the factum of she being abducted or subjected to forcible sexual assault-rape by the present petitioner.
Lastly, learned counsel submitted that since the investigation against him has already been completed; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the victim-'S' recorded under various Sections of Cr.P.C., this Court prima facie finds force in the argument of the learned counsel for the petitioner that the victim-'S' and the petitioner were in a consensual relationship and the victim went away with the petitioner on 25.05.2023 out of her own free will and volition. This Court also prima facie finds that the prosecution has not shown any apprehension of victim-'S' being influenced by the present petitioner in case he is enlarged on bail. Thus, without expressing (Downloaded on 03/04/2024 at 08:42:11 PM) [2024:RJ-JD:14693] (3 of 3) [CRLMB-3012/2024] any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Bharat S/o Suresh Chandra arrested in connection with F.I.R. No.233/2023 registered at Police Station Pratapgarh, Dist. Pratapgarh, 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 79-divya/-
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