Gyani Ram vs State Of Rajasthan

Kuldeep Mathur, J

This second 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.69/2023 registered at Police Station Suratgarh, District Sri Ganganagar, for offences under Sections 363 IPC and Section 3/4 of the POCSO Act in the alternative under Section 376(1) IPC.

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, has been falsely roped in a criminal case by the prosecutrix, who was aged about 17½ years at the time of the alleged incident. Learned counsel submitted that as per the prosecution, in the night of 20.01.2023 at about 02.00 pm., when the prosecutrix went out of the house to ease herself, she was forcibly taken by the petitioner to a vacant house. The petitioner thereafter committed sexual assault/rape upon the prosecutrix. Learned counsel submitted that as a matter of fact, the petitioner and the prosecutrix were in a consensual relationship, however, on the date of the alleged incident, when they were seen in a compromising position by the family members of the prosecutrix, a false criminal case has been foisted against the petitioner.

Lastly, learned counsel submitted that though the prosecutrix, during her court statements recorded as PW-1, has maintained the allegation of sexual assault against the present petitioner, however, the same cannot be treated as gospel truth, as sufficient material available on record indicates that the prosecutrix and the petitioner were known to each other.

Learned counsel submitted that the petitioner is in custody and the trial of the case is likely to consume sufficiently long time.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the prosecutrix recorded before the competent criminal court as PW-1, in the prima facie of this Court, the argument of the learned counsel for the petitioner that the petitioner and the prosecutrix were in consensual relationship cannot be brushed aside. This Court also prima facie finds that statements of the prosecutrix have already been recorded before the competent criminal court and now there are no chances of the prosecutrix being influenced by the petitioner.

In the prima facie opinion of this Court, the truthfulness of allegations of the prosecutrix shall be examined by the trial court during trial and therefore, no fruitful purpose would be served by keeping the petitioner behind the bars till conclusion of the trial.

Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant is entitled to be released 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 prima facie finds that

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Gyani Ram S/o Sh Baldev Singh arrested in connection with F.I.R. No.69/2023 registered at Police Station Suratgarh, District Sri Ganganagar, 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.