Vinod vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.93/2022, Police Station Akola, Chittorgarh for the offences under Sections 363, 366 and 376(2)(n) IPC and Section 5(L)/6 of the POCSO Act.

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

Drawing attention towards the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., learned counsel for the petitioner submitted that from the perusal of the statements aforesaid it is apparent that the prosecutrix has not levelled any allegation of sexual assault against the petitioner. It is further submitted that the petitioner and prosecutrix had consensual relationship and prosecutrix remained in the company of the petitioner willfully for about 3 days and when their relationship got strained, the present FIR has been lodged. The petitioner, therefore, may be enlarged on bail.

Learned Public Prosecutor vehemently opposed this bail application.

Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Vinod S/o Shri Prabhu Lal, arrested in connection with FIR No.93/2022, P.S. Akola, Chittorgarh shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.