Rajasthan High Court - Jodhpur
Videsh vs State Of Rajasthan (2024:Rj-Jd:23702) on 24 May, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:23702]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 5474/2024
Videsh S/o Shri Naku, Aged About 19 Years, R/o Navakheda, P.s.
Ambapura, District Banswara (Rajasthan) (Lodged In District
Jail, Banswara)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Raju S/o Shri Prabhu, Aged About 40 Years, R/o Village
And Post Kesarpur, P.s. Ambapura, District Banswara (Raj)
----Respondents
For Petitioner(s) : Mr. Pankaj Mehta with
Mr. Jaswant Singh Bhati
For Respondent(s) : Mr. Saleem Khan, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 24/05/2024 Learned Public Prosecutor has submitted that the notices upon respondent No.2 have already been served through the concerned SHO.
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.313/2023, registered at Police Station Ambapura, District Banswara, for offences under Sections 363, 366, 344, 376(2)(n) & 376(3) of IPC and Section 5(l)/6 of POCSO Act.
Drawing attention of the Court towards the court statements of the victim 'P' recorded under Section 164 Cr.P.C., learned counsel for the petitioner submitted that the victim 'P' in her statements has clearly admitted that she had voluntary left her (Downloaded on 24/05/2024 at 09:16:24 PM) [2024:RJ-JD:23702] (2 of 3) [CRLMB-5474/2024] house and went away with the present petitioner. Learned counsel further submitted that the victim 'P' during her court statements has not levelled any allegations of she being forcibly abducted or subjected to forcible sexual assault- Rape by the present petitioner.
Lastly, learned counsel for the petitioner submitted that the present petitioner, who is aged about 19 years, is in judicial custody; the investigation against the present petitioner has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the victim 'P' recorded under Section 164 Cr.P.C., this Court prima facie finds that the victim 'P' has not levelled any allegation of sexual assault- Rape against the present petitioner. This Court also prima facie finds that as per the prosecution, she had voluntary left her house and remained in company of the present petitioner out of her own free will and violation. This court also prima facie finds that the prosecution has not shown any apprehension of the petitioner influencing the 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. (Downloaded on 24/05/2024 at 09:16:24 PM)
[2024:RJ-JD:23702] (3 of 3) [CRLMB-5474/2024] Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Videsh S/o Shri Naku arrested in connection with F.I.R. No.313/2023, registered at Police Station Ambapura, 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 30-mohit/-
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