Sanju @ Sanjay 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 F.I.R. No.167/2022, registered at Police Station Kalinjara, District Banswara, for offences under Sections 363, 366, 342, 376(2)(ढ) IPC and Section 5(ठ)/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 charge sheet submitted by the Investigating Agency on 25.09.2022 before the competent criminal court, learned counsel for the petitioner submitted that from perusal of the charge sheet, it is evident that the petitioner who is aged about 20 years was having consensual relationship with the prosecutrix who is aged about 17 years. Learned counsel submitted that the prosecutrix voluntarily eloped with the present petitioner and remained in his company for about 3 to 4 days.

Learned counsel submitted that in view of the fact that even the investigating agency during the course of investigation has reached to a conclusion that the petitioner and the prosecutrix were having consensual relationship and the prosecutrix eloped with the present petitioner, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. Learned counsel further submitted that there is no apprehension of the petitioner influencing the witness or tampering with the evidence. Challan of the case has already been filed. The petitioner is in judicial custody since 12.08.2022 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 and the petitioner were in consensual relationship and as per the investigating agency, the prosecutrix 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 Sanju @ Sanjay S/o Sohan arrested in connection with F.I.R. No.167/2022, registered at Police Station Kalinjara, 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.