Mustaque vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.02/2018 of Police Station Khuiya, District- Hanumangarh for the offences punishable under Sections 363, 366, 376(2)(G), 376(2)(N) IPC & Section 5/6 POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as a matter of fact, the prosecutrix and the petitioner were in relation for quite some time. It is argued that the prosecutrix eloped with the petitioner and performed 'Nikah' with him and thereafter moved a petition before the Punjab and Haryana High Court Chandigarh, seeking protection from their family members. It is argued that later on, prosecutrix was recovered by the police from Nohar and at that time, she was wore red dress and her statements were recorded wherein she has specifically stated that she went with the petitioner as per her own free will, however later on, she has alleged that the petitioner had forcibly sexually assaulted her. Learned counsel has submitted that now the statements of the prosecutrix have been recorded as PW-1 and statements of her father have been recorded as PW-3 before the trial court and from the perusal of both the statements, it is clear that the prosecutrix eloped with the petitioner as per her own free will as performed 'Nikah' with him. Learned counsel has submitted that from the above, it is clear that the relation between the petitioner and the prosecutrix was consensual.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mustaque S/o Balwan shall be released on bail in connection with FIR No.02/2018 of Police Station Khuiya, District- Hanumangarh provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.