Jagdish vs State Of Rajasthan And Others

Kuldeep Mathur, J

This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act being aggrieved by the order dated 21.10.2023 passed by the learned Special Judge, POCSO Act and Commission for Protection of Child Rights Act, 2005, Rajsamand in CIS No.123/2023 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.309/2023, Police Station Rajnagar, District Rajsamand, for the offences under Sections 363, 366-A, 344, 376(2)(n), 376(3) of the IPC and under Sections 5(j)(l)(q)/6 of the POCSO Act, 2012.

Learned counsel for the appellant submitted that the appellant is aged about 18 years and is in custody since 02.09.2023. Drawing attention of this Court towards FIR learned counsel submitted that the FIR has been lodged after a delay of about two months from the date when she was allegedly subjected to sexual assault by the present appellant. Drawing attention of this Court towards the statements of the prosecutrix recorded under Section 161 of the Cr.P.C. and under Section 164 of the Cr.P.C learned counsel submitted that the prosecutrix voluntarily eloped with the present appellant and remained in his company for about two months, however, despite having ample opportunities she did not disclose the factum of she being abducted or being subjected to sexual assault to anyone. Learned counsel submitted that as a matter of fact that the prosecutrix and appellant are in their adolescence and both have a love relationship however, on the relationship between them turning stained, the appellant was roped in a false case.

Lastly, learned counsel submitted that the appellant is in judicial custody; challan has already been filed and the trial of the case is likely to consume sufficiently long time. On the strength of arguments advanced by him and these grounds, he implored the Court to enlarge the appellant on bail.

Learned Public Prosecutor has vehemently opposed the bail application.

Heard learned counsel representing the appellant and learned Public Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and circumstances of the case, this court prima facie finds that the FIR in the present case came into existence after about two months from the date of alleged incident. This court also prima facie finds that the prosecutrix remained in appellant - accused’s company for about two months. This Court also finds that the argument advanced by the learned counsel for the appellant that the appellant and prosecutrix who are in their adolescence were having a love relationship between them, cannot be brushed aside at this state. This Court is also prima facie finds that the learned counsel for the complainant has not shown any apprehension of prosecutrix being influenced by the present appellant in case the appellant is enlarged on bail.

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.

Consequently, the appeal is allowed. The order dated 21.10.2023 passed by the learned Special Judge, POCSO Act and Commission for Protection of Child Rights Act, 2005, Rajsamand, is set aside. It is ordered that the accused-appellant Jagdish S/o Prabhu Lal, arrested in connection with FIR No.309/2023, Police Station Rajnagar, District Rajsamand, shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.