Second bail application for offences under IPC 363, 366-A, 376 and POCSO Act. Court granted bail directing execution of personal bond with sureties, noting victim's statement about consensual relationship and lack of physical evidence.
Released on bail with a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/006332]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Second Bail Application No. 10287/2022
Gajendra S/o Govind Ram, Aged About 20 Years, R/o Indawali, Police Station Kuchaman City, District Nagaur (At Present Lodged At Sub Jail Merta City District Nagaur)
----Petitioner
Versus
----Respondents
For Petitioner : Mr. Govind Ram-father of the petitioner
For Respondent No.1 : Mr. Mukesh Trivedi, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
08/03/2023
Heard Mr. Govind Ram, father of the petitioner present in person, as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.152/2020 of Police Station Chitawa, District Nagaur for the offences punishable under Sections 363, 366-A, 376(3), 376(2)(N) of IPC and Section 5(L)/6 of POCSO Act, 2012. He has preferred this second bail application under Section 439 Cr.P.C.
Learned Public Prosecutor has produced the factual report and as per the same, notice upon the respondent No.2 has been duly served, however, none is appeared on his behalf.
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[CRLMB-10287/2022]
(2 of 3)
Mr. Govind Ram, father of the petitioner present in person, has submitted that after rejection of first bail application of the petitioner on 22.02.2021, the statements of prosecutrix/victim have been recorded as PW-1 on 10.06.2022. It is also submitted that the victim was in consensual relationship with the petitioner and she eloped with the petitioner as per her own free will. It is argued that in the medical report, no sign of forcible intercourse has been found. It is also submitted that the police have failed to collect definite evidence regarding the exact date of birth of the victim. It is further submitted that the victim, in her cross-examination, has clearly stated that the petitioner neither abducted her nor sexually assaulted her. It is also submitted that the petitioner is in custody from last more than 2 years and trial of the case will take time.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Gajendra S/o Govind Ram shall be released on bail in connection with FIR No.152/2020 of Police Station Chitawa, District Nagaur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each
(3 of 3)
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[CRLMB-10287/2022]
and every date of hearing and whenever called upon to do so till
the completion of the trial.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.21
2 issues framed by the court
Whether bail should be granted to the petitioner who has been in custody for more than two years in a POCSO case.
Whether the petitioner's claim of consensual relationship and lack of evidence of forcible intercourse warrants release on bail.
1 provisions across 1 enactments
Gajendra S/o Govind Ram
State Of Rajasthan
Mewa Ram S/o Jeevan Ram
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
