Bail application allowed for petitioner charged with sexual assault and abduction. Court accepted submission regarding consensual relationship and elopement, granting bail on furnishing a bond.
Petitioner enlarged on bail with 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/013337]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 887/2023
Mukesh Kumar S/o Phusa Ram @ Pusa Ram, Aged About 21 Years, R/o Kalana Police Station Bhadra, District Hanumangarh. (At Present Lodged In District Jail, Hanumangarh)
----Petitioner
| Versus |
|---|
State of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr.R.S.Choudhary. |
|---|---|
| For Respondent(s) | : Mr.Shrawan Kumar assisted by |
| Ms.Kamla Goswami. |
HON'BLE MR. JUSTICE KULDEEP MATHUR ORDER
03/05/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.418/2022 registered at Police Station Bhadra, District Hanumangarh, for offences under Sections 363, 366, 376(2)(N), 380 IPC and Section 5(L)/6 of POCSO Act.
Learned counsel for the petitioner submitted that the prosecutrix who is aged about 17 years is a married woman. Drawing attention of the Court towards the statement of prosecutrix Mst.”M” recorded under Section 164 Cr.P.C. before the competent criminal court, learned counsel submitted that the prosecutrix was in consensual relationship with the present petitioner, who is aged about 21 years. Learned counsel submitted that prosecutrix while living with her in-laws developed friendly relation with the present petitioner and voluntarily eloped with him
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[CRLMB-887/2023]
(2 of 3)
on 19.9.2022. Learned counsel submitted that the prosecutrix thereafter travelled with the petitioner to various places including Mumbai using public transportation. The prosecutrix thus, had ample opportunities to disclose the factum of abduction and sexual assault being allegedly committed upon her by the present petitioner. Lastly, learned counsel submitted that the prosecutrix on being traced out by the police and family members pursuant to the FIR lodged by the husband of the prosecutrix, has falsely roped the petitioner in a false case.
Learned counsel submitted that the petitioner is in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposed the bail application.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Mukesh Kumar S/o Phusa Ram @ Pusa Ram shall be enlarged on bail in connection with FIR No.418/2022 registered at Police Station Bhadra, District Hanumangarh, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-
(3 of 3)
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each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.
(KULDEEP MATHUR),J
/tarun goyal/ Sr.No.99
1 issue framed by the court
Whether bail should be granted to the accused petitioner under Section 439 Cr.P.C. in a case involving offences under Sections 363, 366, 376(2)(N), 380 IPC and POCSO Act.
1 provisions across 1 enactments
Mukesh Kumar S/o Phusa Ram @ Pusa Ram
State of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
