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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Inderjeet Singh, J.
Vinod - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 1083 of 2021
Decided on : 25-01-2021
Bail Application - Offences under IPC and POCSO Act - The court allowed the bail application considering the material on record and the compromise entered into by the parties, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No. 243/2019 for offences under Section 363, 366, 376 of IPC and under Section 5(L)/6 of the POCSO Act. The petitioner claimed to be falsely implicated, and the victim's statement under Section 164 Cr.P.C did not level any allegation of rape against the petitioner. A compromise was entered into by the petitioner and the complainant.
Finding of the Court:
The court allowed the bail application, admitting the petitioner to regular bail, subject to satisfaction of the trial Court, without expressing any opinion on the merits of the case.
Issues: Falsely implicated in the matter, victim's statement, compromise between the parties, opposition by the Public Prosecutor.
Ratio Decidendi: The court considered the material on record, the absence of rape allegations in the victim's statement, and the compromise between the parties in allowing the bail application.
Final Decision: The petition for bail was allowed, and the petitioner was admitted to regular bail, subject to satisfaction of the trial Court.
JUDGMENT
Inderjeet Singh, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 243/2019 Registered at Police Station Dag, District Jhalawar for the offence under Section 363 of IPC (In FIR) and under Sections 363, 366, 376 of IPC and under Section 5(L)/6 of the POCSO Act (In Order).
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter and according to statement of the victim recorded under Section 164 Cr.P.C, no allegation of committing rape has been levelled by her against the petitioner.
3. Counsel for the complainant submitted that the petitioner and the complainant have entered into a compromise. The compromise submitted by the parties is taken on record.
4. Learned Public Prosecutor has opposed the bail application.
5. Considering the material on record and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.
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