RAKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.141/2023 registered at Police Station Kaparda, District Jodhpur, for offences under Ss. 354D and 376 of the IPC and Ss. 3/4 and 11/12 of the POCSO Act. Heard learned counsel for the parties at Bar so also perused the material available on record.

(2.) Learned counsel for the petitioner submitted that as per prosecution deceased who was aged about seventeen years was killed by her mother- Chouthi Devi and other co-accused persons namely Babu Ram, Shrawan Kumar etc. by pushing her in a water tank and closing the lid of the water tank so that she cannot escape from the water tank. Drawing attention of the Court towards charge-sheet, learned counsel for the petitioner submitted that as per prosecution, the mother of the minor deceased and other above named co-accused persons were annoyed with deceased owing to her love affair with the present petitioner. Learned counsel further submitted that there is nothing on record to indicate that he had played any role in commission of the alleged murder of the minor deceased. The petitioner who is aged about twenty one years has been implicated in the present case only for the reason that during the course of investigation certain whatsapp messages exchanged between him and minor deceased have been recovered from the mobile phone of the deceased. Lastly, learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of certain mobile screenshots and call details between him and the minor deceased indicating a relationship between them. The petitioner is in judicial custody 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 has vehemently opposed the bail application.

(3.) Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that there is no material available on record to establish that the petitioner by any of his act or action has harassed or humiliate the minor deceased. There is no allegation against petitioner that he misused the mobile screenshots indicating his relationship with the minor deceased in any manner which has been recovered by the investigating agency. This Court also prima facie finds that as per prosecution, the minor deceased was brutally murdered by other co-accused persons namely Chouthi Devi, Babu Ram, Shrawan Kumar etc. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Rakesh S/o Hanumanram arrested in connection with F.I.R. No.141/2023 registered at Police Station Kaparda, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000.00 and two sureties of Rs.25,000.00 each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.