Saddam Husain vs State Of Rajasthan

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.221/2023 registered at Police Station Samdari, District Balotra, for offences under Sections 450, 363, 366, 376(2)(n) IPC and Sections 3/4 and 5(l)/6 of POCSO Act.

Drawing attention of the Court towards the statements of the prosecutrix recorded under Section 161 Cr.P.C., learned counsel for the petitioner submitted that the petitioner aged about 21 years and the prosecutrix aged about 16 years and 8 months, were in a consensual relationship. Learned counsel submitted that the prosecutrix in her statements has stated that on 23.10.2023, she left her house on scooty with the petitioner after taking some clothes, educational documents and a sum of Rs.4000/-. Learned counsel submitted that the prosecutrix has also stated that she remained in the company of the present petitioner at various places such as Kalyanpur, Balesar, Jaisalmer etc. in the hotel situated in thickly populated areas. Learned counsel contended that there is nothing on record to indicate that the petitioner had any knowledge about the factum of the prosecutrix being minor. Learned counsel further submitted that the prosecutrix despite having ample opportunities did not disclose the factum of she being abducted or subjected to forcible sexual assault by the petitioner to anyone. However, on relations between them turning strained, the petitioner has been roped in a false criminal case.

Lastly, learned counsel submitted that the petitioner is in judicial custody, investigation against the petitioner has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail application.

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

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner, who is aged about 21 years and is in judicial custody from 23.10.2023. This Court also prima facie finds that the prosecutrix voluntarily eloped with the present petitioner on 23.10.2023 and remained in the company of the petitioner out of her free will and volition. This Court also prima facie finds that at the time while the prosecutrix was in the company of the petitioner she had ample opportunities of disclosing the factum of she being abducted or subjected to forcible sexual assault by the petitioner however she did not do so which indicates that she was having consensual relationship with the present petitioner. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Saddam Husain S/o Kalu Khan shall be enlarged on bail in connection with FIR No.221/2023 registered at Police Station Samdari, District Balotra, 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 so.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.