Rakesh Kumar vs State Of Rajasthan

Kuldeep Mathur, J

This second 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.245/2022, registered at Police Station Hanuman Nagar, District Bhilwara, for offences under Sections 363, 366, 376(2)(n) IPC and Section 5(L)/6 of the POCSO Act.

The first bail application of the petitioner was dismissed by this Court vide order dated 05.05.2023 granting liberty to the petitioner to file a fresh bail application after filing the challan.

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

Drawing attention of the Court towards the statements of the prosecutrix recorded before the competent criminal court on 18.07.2023 as P.W.-1, learned counsel for the petitioner submitted that the prosecutrix in her statements stated that she voluntarily eloped with the present petitioner and remained in his company for more than one and half months at Bhilwara, out of her freewill and volition.

Learned counsel for the petitioner further submitted that the prosecutrix in her statements clearly denied the allegations of forceable sexual assault upon her by the present petitioner. Lastly, it was submitted that the prosecutrix has not supported the prosecution story before the competent criminal court and has been declared hostile. The petitioner is in judicial custody 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. However, he was not in a position to refute the fact that the statements of the prosecutrix have been recorded before the competent criminal court and in her court statements, she has not supported the prosecution story and has been declared hostile.

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.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Rakesh Kumar S/o Late Shri Khemraj Meena arrested in connection with F.I.R. No.245/2022, registered at Police Station Hanuman Nagar, District Bhilwara, 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.