Naresh vs State Of Rajasthan And Others

Kuldeep Mathur, J

Notice upon respondent No.2 has been served through the SHO concerned. However, no one appeared on her behalf despite service.

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.41/2023, registered at Police Station Lohariya, District Banswara, for offences under Sections 363, 366, 376(2)(n) and 376(3) IPC and Section 5(L)/6 of the POCSO Act.

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

Drawing attention of the Court towards the statement of the prosecutrix recorded under Section 164 Cr.P.C., learned counsel for the petitioner submitted that the prosecutrix in her statements clearly stated that she was in consensual relationship with the present petitioner. Learned counsel submitted that the prosecutrix in her statements has clearly denied the allegation of sexual assault committed upon her by the present petitioner.

Learned counsel submitted that the prosecutrix in her statement has also stated that she voluntarily eloped with the present petitioner and remained in his company for more than one month. Learned counsel submitted that the petitioner who is aged about 20 years has been falsely implicated in this case. Challan of the case has already been filed. The petitioner is in judicial custody since 04.04.2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, so also the fact that the prosecutrix in her statement under Section 164 Cr.P.C. has stated that she voluntarily eloped with the present petitioner, 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 Naresh S/o Shri Dhul Ji arrested in connection with F.I.R. No.41/2023, registered at Police Station Lohariya, District Banswara, 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.