Kalu Singh vs State Of Rajasthan And Others

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 FIR No.226/2021 registered at Police Station Kelwara, District Rajsamand, for offences under Sections 363/34, 366-A/34, 342, 376(2)(3)(n) IPC, 5(L)/6 of POCSO Act.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the prosecutrix who is aged about 17 years voluntarily eloped with the present petitioner, who is aged about 19 years on 22.11.2021. Drawing attention of the Court towards statement of the prosecutrix Mst.’L’ recorded before competent criminal court as P.W.4 on 17.10.2022, learned counsel submitted that though the allegation of abduction and sexual assault has been levelled by the prosecutrix against the present petitioner but the statement of the prosecutrix clearly reveals that she was forced to sit and travel with the petitioner on his motorcycle, she did not inform anyone about the fact of she being abducted despite having ample opportunities.

Learned counsel submitted that in the statements, the prosecutrix has stated that she was in the company of the present petitioner for a few days and despite having opportunities did not inform anyone about she being abducted or subjected to sexual assault by the petitioner.

Lastly, attention of the Court was drawn towards a document dated 1.11.2021 indicating that the prosecutrix and the petitioner were having love affair and it was mutually decided by their family members that their marriage will be solemnised when the prosecutrix attains the age of majority.

Learned counsel submitted that the petitioner is in judicial custody, statement of prosecutrix have already been recorded before competent criminal court and therefore, there is no apprehension of the petitioner influencing the witness or tampering with the evidence and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor 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, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Kalu Singh S/o Sohan Singh shall be enlarged on bail in connection with FIR No.226/2021 registered at Police Station Kelwara, District Rajsamand, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.