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ASHUTOSH KUMAR
Kishan Kashyap S/o Sh. Boley @ Bholey – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
The present bail applications have been filed by the accused- petitioners for granting bail under Section 439 Cr.P.C. in FIR No.569/2022 registered at Police Station Malpura Gate, Jaipur City (East) for the offence under Sections 363 IPC and later on during investigation, Sections 323, 363, 366, 366(A), 342, 376(3) 376(D) (A) & 376(2)(n) IPC and Sections 3, 4, 5(g), 5(l) & 6 of the Protection of Children from Sexual Offences Act, 2012 were added.
2. The victim-prosecutrix has been informed about the present bail application but no one is appearing on her behalf.
3. Learned counsel for the accused-petitioners submitted that the prosecutrix is 16 years of age and the present accused-petitioners are 19 years of age.
4. Learned counsel for the accused-petitioners submitted that as per the statement, recorded under Section 161 Cr.P.C., the prosecutrix stated that on 16.11.2022 at around 1.00 PM, the accused-petitioner Sunny took away her and committed rape. The prosecutrix, in her statement, further stated that she remained with Sunny till 4.00 PM and at around 6.00-7.00 PM, she called the accused-petitioner Kishan Kashyap and then he committed rape on her, thereafter, co-accused
Bail can be granted where accused is young and trial will take time to conclude.
The court granted bail to young accused-petitioners after prolonged custody, emphasizing the need for a fair trial without prejudicing the case's merits.
The court considered the consensual relationship and age difference between the petitioner and the prosecutrix as influential factors in granting bail to the accused petitioner.
The court's decision was influenced by the support of the prosecutrix's statements and her pregnancy as per the medical report in denying the bail application.
The court may grant bail under Section 439 of the Code of Criminal Procedure considering the nature of allegations, duration of custody, and circumstances surrounding the case.
Bail is granted when continued judicial custody is deemed unnecessary for investigation purposes, particularly where the accused has no criminal antecedents, the investigation is significantly advanc....
The court has the discretion to grant bail based on the material presented and overall consideration of the case, without commenting on the merits of the case.
The testimony of the prosecutrix in sexual assault cases is crucial and can be sufficient for conviction, with the presumption of guilt under the POCSO Act placing the burden of proof on the accused.
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