The High Court allowed a second bail application under Section 439 Cr.P.C. for an accused facing charges under IPC and POCSO Acts, relying on the victim's statement admitting consent, and granted bail with surety.
Petitioner released on bail executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.
[2024:RJ-JD:21314]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 3598/2024
Ashok Bhai S/o Kesa Ji, Aged About 34 Years, R/o Malgarh, P.s. Dosa District Banskata (Gujarat) (Presently Lodged In Central Jail Jodhpur)
----Petitioner
| Versus | |||
|---|---|---|---|
| 1. | State Of Rajasthan, | Through Pp | |
| 2. | Maga Ram S/o | Sh. Narana Ram, | B/c Mali R/o |
| Narayanpura, Tehs | il Chitalwana, P.s. | Sarwana District | |
| Jalore. |
----Respondents
| For Petitioner(s) | : | Mr. Umesh Kalla |
|---|---|---|
| For Respondent(s) | : | Mr. Mahipal Bishnoi, PP assisted by |
| Ms. Kamla Goswami | ||
| Mr. K.L. Vishnoi for complainant |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/05/2024
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.62/2023 registered at Police Station Sarwana, District Jalore for the offences punishable under Sections 363, 366, 366A/34 of the Indian Penal Code & Section 3/4, 5(L)/6 of POCSO Act and Section 84 of Juvenile Justice Act.
The first bail application was dismissed by this Court vide order dated 16.02.2024 with liberty to file afresh after recording of the statement of the victim.
Learned counsel for the petitioner submits that now victim has been examined as PW.2 before the trial Court and she admits
[CRLMB-3598/2024]
[2024:RJ-JD:21314]
(2 of 2)
that she roamed with the petitioner at so many places. During this period she did not raise any hue and cry and if anything happened, that was with the consent of the victim. The petitioner is in judicial custody since 30.06.2023 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer of bail.
I have considered the arguments advanced before me and gone through the material available on record.
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, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Ashok Bhai S/o Kesa Ji shall be released on bail in connection with F.I.R. No.62/2023 registered at Police Station Sarwana, District Jalore provided he executes a personal bond in a sum of Rs.1,00,000/with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
75-Rashi/-
1 issue framed by the court
Whether bail may be granted to the accused in a second bail application under Section 439 Cr.P.C. given the victim's admission of consent?
4 provisions across 4 enactments
Ashok Bhai
State Of Rajasthan
Maga Ram
MANOJ KUMAR GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
