Manohar 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.04/2023 registered at Police Station Bhawanda, District Nagaur, for offences under Sections 363, 366-A, 376D, 376 (2)(n) of IPC and Sections 5G/6, 16/17 POCSO Act and Section 84 Juvenile Justice (Care and Protection of Children) Act.

Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Learned counsel for the petitioner drew attention of the Court towards FIR dated 06.01.2023 lodged by the father of the prosecutrix and the statements of prosecutrix recorded under Section 161 Cr.P.C. to implore the Court to accept the bail application on the ground that initially, the allegation of committing sexual assault (rape) upon prosecutrix had been levelled against co-accused Bablu. The allegation against present petitioner is of providing motorcycle to the co-accused and guarding the room where alleged incident took place. Learned counsel vehemently submitted that only with a view to falsely implicate the present petitioner in the present case for the offences of sexual assault (rape), the prosecutrix has levelled allegations against the petitioner in her statement recorded under Section 164 Cr.P.C. Learned counsel submitted that challan has already been filed; trial is likely to take time. Lastly, it was submitted that petitioner is a young boy of 20 years only, therefore, prolonged judicial custody would be detrimental to his studies and future prospects.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

Having considered arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor and taking into consideration the contents of FIR, the statements of prosecutrix recorded under Section 161 and 164 Cr.P.C. also considering the young age of the petitioner, this Court is inclined to extend indulgence of bail to the accused-petitioner.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Manohar S/o Garib Ram shall be enlarged on bail in connection with FIR No.04/2023 registered at Police Station Bhawanda, District Nagaur, 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 do so.