Vikash @ Ranveer @ Ranjeet 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.297/2021 registered at Police Station Balotra, Dist. Barmer, for the offences under Sections 450, 376(2)(n) IPC and Sections 5(j)(ii), (l)/6 of Protection of Children from Sexual Offences Act, 2012.

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

Drawing attention of the Court towards the statements of the victim ’N’ recorded before the competent criminal court on 11.10.2023, learned counsel submitted that the prosecutrix during her court statements has not supported the prosecution story and has turned hostile.

Learned counsel for the petitioner submitted that the prosecutrix during her court statements has not levelled any allegation of forcible sexual assault-rape against the present petitioner. It was urged that since the prosecutrix has turned hostile and has not supported the prosecution story, the chances of the petitioner getting convicted in the present case are very bleak. It was further contended 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 and learned counsel for the complainant have opposed the bail application. However, learned counsel for the complainant submitted that since the prosecutrix was not subjected to forcible sexual assault-rape by the present petitioner, he has no objection in case the petitioner is enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, 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 Vikash @ Ranveer @ Ranjeet S/o Ram Kumar arrested in connection with F.I.R. No.297/2021 registered at Police Station Balotra, Dist. Barmer, 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.