Ramesh 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.59/2018 of Police Station Anandpuri, Distt. Banswara for the offences punishable under Sections 363, 366 and 376 IPC and Section 3/4 of the POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the complainant has filed FIR against the petitioner while alleging that on 5.12.2017, in the afternoon at about 2 PM, the petitioner along with three other persons came to her house, forcibly kidnapped her and thereafter took her away at Ahmedabad and committed sexual assault upon her for eight days and thereafter left her at her house. It is submitted that the FIR containing the above mentioned allegations was filed on 11.4.2018 through a complaint made to the concerned Magistrate. It is further submitted that during the course of investigation, when the statement of the prosecutrix was recorded under Section 164 Cr.P.C. on 25.4.2018, she has stated that the incident of kidnapping her took place about two months before. It is further submitted that in the school record (scholar register) collected by the police during the course of investigation, the date of birth of the prosecutrix is mentioned as 5.1.2000 and, thus, it can be concluded that on the day of incident, the age of the prosecutrix was more than 18 years. It is further submitted that there is inordinate delay in filing FIR against the petitioner and no explanation has been offered regarding the said delay. It is submitted that as a matter of fact, the prosecutrix went with the petitioner on her own free will and lived with him at Ahmedabad for about eight to ten days and later on, under the pressure of her parents, she has filed this false FIR against him. It is submitted that charge-sheet has been filed in the matter and trial of the case is likely to take time.

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 bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Ramesh S/o Mega Khat shall be released on bail in connection with FIR

No.59/2018 of Police Station Anandpuri, Distt. Banswara provided he executes a personal bond in the 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.