Harjot Singh vs State Of Rajasthan

Kuldeep Mathur, J

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.665/2021 registered at Police Station Sangaria, District Hanumangarh, for offences under Sections 363, 366 & 376 IPC and Section 3/4 of the POCSO Act.

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 has been falsely implicated in the present case. Learned counsel submitted that it is highly improbable that the prosecutrix while she was sleeping with her family members could be abducted by the present petitioner without her family member coming to know about the alleged incident. Learned counsel submitted that as a matter of fact, the prosecutrix who was about 17 years at the time of incident, was having consensual relationship with the present petitioner who was aged about 21 years at the relevant time.

Learned counsel submitted that the prosecutrix voluntarily eloped with the present petitioner and remained in his company for more than 2-3 days. Learned counsel submitted that while the prosecutrix was in company of the present petitioner, she had ample opportunities of disclosing the fact of she being abducted or subjected to sexual assault by the present petitioner, however, she voluntarily did not disclose this story to anyone, which is sufficient to indicate that the prosecutrix was in love with the present petitioner and she voluntarily eloped with him. 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, 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 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Harjot Singh S/o Shri Gurdish Singh arrested in connection with F.I.R. No.665/2021 registered at Police Station Sangaria, 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.