SHANTI LAL 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.85/2023, registered at Police Station Obri, District Dungarpur, for offences under Ss. 363, 366, 344, 376(2) IPC and Sec. 5/6 of the POCSO Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. This Court vide order dtd. 16/1/2024 directed the learned Public Prosecutor to procure the case diary. In compliance of the said order, the case diary was produced before this Court. From perusal of the case diary, this Court finds that the victim 'K' who was aged about 17 years one month, in her statements recorded under Sec. 161 Cr.P.C. has stated that she remained in the house of the present petitioner for about one year out of her free will and volition . The victim 'K' in her statements has not levelled any allegation of forcible sexual assault against the present petitioner.

(2.) From perusal of the case diary, it is further evident that the victim 'K' in her statements recorded under Sec. 164 Cr.P.C. has levelled specific allegation of forcible sexual assault against one Mukesh. Learned counsel for the petitioner submitted that the petitioner who is aged about 23 years is in judicial custody since 12/12/2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. Learned Public Prosecutor has opposed the bail application and submitted that looking to the seriousness of the accusations levelled against the petitioner, he does not deserve to be enlarged on bail.

(3.) Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the victim 'K' who is aged about 17 years one month, in her statements recorded under Sec. 161 Cr.P.C. has stated that she voluntarily remained in the house of the present petitioner for about one year. This Court also prima facie finds that the victim 'K' in her statements recorded under Ss. 161 and 164 Cr.P.C. has not levelled any allegation of forcible sexual assault ' rape against the present petitioner. Per contra, specific allegation of forcible sexual assault has been levelled against one Mukesh. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.