Allowed

Aakash Singh S/O Shri Harikesh Singh v. State of Rajasthan

Rajasthan HC7 Sept 2022CRLMB/9942/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. for the accused-applicant, who was charged with offences including sexual assault and kidnapping. The court considered arguments regarding the relationship's consensual nature, the victim's disputed age, and the release of co-accused on bail.

What did the court decide?

Accused-applicant Aakash Singh ordered to be enlarged on bail upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Aakash Singh S/O Shri Harikesh Singh Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9942/2022

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Aakash Singh S/o Shri Harikesh Singh, Aged About 21 Years, R/o Jartoli Police Station Jattari, District Aligarh (U.P.) At Present House No. 008, Tower No. L-1, Krish City Society, Tapukada, Police Station Tapukada District Alwar (Raj.) (At Present Confined In Central Jail Alwar)

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----Applicant

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Applicant(s) : Mr. Rajendra Singh Raghav For Respondent(s) : Mr. Atul Sharma, PP Mr. Dinesh Chand Sharma (for complainant)

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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07/09/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.71/2022 registered at Police Station Khushkheda, District Bhiwadi (Alwar) for the offence(s) under Sections 363, 366A, 376 (2)(n), 120B of IPC and Sections 3(2)(v), 3(2)(va) of SC/ST Act and Sections 16/17 & 3/4 of POCSO Act.

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Learned counsel for the accused-applicant submits that he has been falsely implicated in the case. Counsel further submits that the applicant is hardly of 21 years of age and that he is in company with the alleged victim. They were in friendship for a long period of time. The testimony to the said fact can be

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(2 of 3)

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[CRLMB-9942/2022]

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analysed from the perusal of the statements recorded under Section 164 Cr.P.C. of the victim wherein she has categorically submitted that they were in friendship since a long period of time. She went with the applicant out of her own free will and was involved voluntarily. Counsel further submits that the age of the victim is disputed. He has contended that she was major whereas the records reflected contradictory dates, that is, 04.08.2004 as well as 22.08.2004. Counsel further submits that co-accused Devendra and Rahul have already been enlarged on bail. He further submits that the applicant is in custody since 27.04.2022 and charge-sheet has been filed. No useful purpose would be served by keeping him behind the bars till disposal of the case.

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Per contra , learned Public Prosecutor along with learned counsel for the complainant has vehemently opposed the bail application. Learned counsel for the complainant has submitted that the victim in question was minor though near about the age of 18 years. Her father has filed Missing Persons Report on 22.04.2022 and medical was executed after a lapse of certain time thereafter.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and material on record and also considering the fact that there is a dispute regarding date of birth of victim, even as per the disputed date of birth, the age of the victim is approximately 18 years, and also considering the fact that the victim in her statement of 164 Cr.P.C. stated that she was in consensual relationship with the applicant for a long period of time and coaccused persons have already been enlarged on bail, but without

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(3 of 3)

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[CRLMB-9942/2022]

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commenting on merits/demerits of the case, this court deems it appropriate to enlarge the accused-applicant on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant- Aakash Singh S/o Shri Harikesh Singh shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(SAMEER JAIN),J

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CHARU SONI /30

Aakash Singh S/O Shri Harikesh Singh v. State of Rajasthan

Case brief

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What did the court decide?

Aakash Singh S/O Shri Harikesh Singh v. State of Rajasthan

Case brief

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What did the court decide?

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