Sunil 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.183/2022 registered at Police Station Pratapngar (Jodhpur City), West, District Jodhpur City West for the offences under Sections 376(2)(N), 376(3), 384, 450, 456 and 457 IPC and Sections 3/4 (ii), 5(L)/6 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 statements of the prosecutrix recorded before the competent criminal court on 10.01.2023 as P.W.-1, learned counsel for the petitioner submitted that the prosecutrix in her Court statements has stated that she came in contact with the present petitioner in the month of October, 2021 through Instagram and thereafter remained in touch with him out of her free will and volition. Learned counsel submitted that as a matter of fact, the petitioner and prosecutrix were in consensual relationship, however, on their relation turning strained, the petitioner has been falsely roped in a criminal case. Lastly, it was submitted that there is no apprehension of the petitioner influencing any witness or tampering with the evidence.

Learned counsel submitted that the petitioner who is aged about 22 years is in judicial custody since 20.08.2022 and the trial of the case will take sufficiently long time.

On these grounds, he implored the court to enlarge the petitioner on bail.

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

Having considered the rival submissions, facts and circumstances of the case, so also the fact that the petitioner who is aged about 22 years is in judicial custody since 20.08.2022 coupled with the fact that the prosecutrix in her statements recorded before the competent criminal court has stated that she came in contact with the present petitioner through Instagram and developed relations with the petitioner out of her free will and volition. This Court without expressing any opinion on merits/demerits of the case, 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 - Sunil S/o Bhagaram arrested in connection with F.I.R. No.183/2022 registered at Police Station Pratapngar (Jodhpur City), West, District Jodhpur City West 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.