Sohanlal vs State Of Rajasthan And Others

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.284/2023 registered at Police Station Mandore, Dist. Jodhpur City East, for the offences under Sections 363, 354-D, 354-D (2), 376, 506 of IPC; Section 84 of J.J. Act; Sections 3/4, 5(t)/6, 11/12 of POCSO Act and Sections 3(1) (w)(i), 3(2)(v) and 5 of SC/ST Act.

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

Learned counsel for the petitioner submitted that the petitioner who is aged about 22 years is in judicial custody since 18.10.2023. Drawing attention of the Court towards various documents attached by the Investigating Agency with the challan papers, learned counsel submitted that Victim-’N’, who at the time of alleged incident was aged about 17 years and 7 months, was having a love affair with the present petitioner.

Learned counsel further submitted that the statements of the prosecutrix recorded under Section 161 Cr.P.C. are sufficient to indicate that on 11.10.2023, she voluntarily eloped with the present petitioner and visited the hotel Royal Pal Palace. The victim-’N’ despite having ample opportunities, did not disclose the factum of she being abducted or subjected to forcible sexual assault-rape by the present petitioner to anyone including the hotel staff.

Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case and after perusing the challan papers, this Court prima facie finds that the argument of the learned counsel for the petitioner that victim-’N’ on 11.10.2023, voluntarily went away with the present petitioner and remained in his company out of her own free will and volition cannot be brushed aside at this stage. This Court also prima facie finds that the petitioner who is aged about 22 years is in judicial custody and the prosecution has not shown any apprehension of the petitioner influencing the material prosecution witnesses or tampering with the evidence. The prosecution has also not shown any apprehension of petitioner fleeing away from justice, in case he is enlarged on bail. Thus, 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 Sohanlal S/o Shri Mangalaram arrested in connection with F.I.R. No.284/2023 registered at Police Station Mandore, Dist. Jodhpur City East, 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.