IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Vikas - Appellant
Versus
State - Respondent
S.B. Criminal Miscellaneous Bail Application No. 10075/2021
Decided on : 03-09-2021
Bail Application - Consent in Sexual Offense Case - The court granted bail to the petitioner based on the victim's statements indicating her consent in the sexual relationship and her desire to continue the relationship with the petitioner.
Fact of the Case:
The victim, bordering 18 years, stated that she was deeply involved in a love affair with the petitioner, and they contracted marriage in a temple, establishing sexual relations with consent.
Finding of the Court:
The court, considering the victim's statements and the entirety of the facts and circumstances, granted bail to the petitioner.
Issues: Consent in sexual offense case, bail application under Section 439 CrPC.
Ratio Decidendi: The court's decision was influenced by the victim's statements indicating her consent and desire to continue the relationship with the petitioner.
Final Decision: The bail application under Section 439 CrPC was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing the specified bonds.
JUDGMENT
1. The instant bail application under Section 439 CrPC has been preferred by the petitioner Vikas S/o Indraj @ Indra Ram, who is in custody in connection with the F.I.R. No.154/2021 registered at the Police Station Hanumangarh Junction, District Hanumangarh for the offences under Sections 363, 366-A, 376(2)(n) IPC and Section 5(L)/6 of the POCSO Act, 2012.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. The age of the victim is bordering 18 years. In her statements recorded during investigation under Section 161 as well as 164 CrPC, she categorically stated that she was deeply involved in a love affair with the present petitioner. Her family members wanted to marry her elsewhere and thus, she herself called the petitioner and went away with him. They contracted marriage in a temple, whereafter sexual relations were established between them with consent. Even in the statement under Section 164 CrPC, the girl stated that she wanted to continue her relationship with the present petitioner.
4. In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioner.
5. Accordingly, the instant bail application under Section 439 CrPC is allowed. It is ordered that the accused-petitioner Vikas S/o Indraj @ Indra Ram arrested in connection with F.I.R. No.154/2021 registered at the Police Station Hanumangarh Junction, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
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