The decision to release the accused on bail was based on the consideration of the prosecutrix's statement, the nature of the allegation, and the period of custody of the petitioner.

ORDER

1. The present bail application has been filed under Section 439 Cr.P.C. The present petitioner has been arrested in connection with FIR No.131/2021, registered at Police Station Banetha, District Tonk for the offence under Section 363 IPC.

2. Learned counsel for the petitioner submitted that the complainant i.e. mother of the prosecutrix lodged an FIR stating that her daughter is about 17 years of age.

3. Learned counsel for the petitioner submitted that the statement of the prosecutrix recorded under Section 164 Cr.P.C. clearly establishes that she had gone on her own will with the present petitioner and she also admitted of having physical relations with the petitioner.

4. Learned counsel for the petitioner submitted that the consensual relationship between the prosecutrix and the petitioner does not make out any case and committing rape on her.

5. Learned counsel for the petitioner further submitted that the age of the prosecutrix though has been mentioned as 12.07.2005, however, her age is yet to be determined and to be decided during trial.

6. Learned counsel for the petitioner further submitted that the petitioner also 20-21 years old and he is in custody since 22.10.2021 and Police after completion of investigation has already filed the final report.

7. Learned Public Prosecutor has opposed the bail application and submitted that the prosecutrix is about 16-17 years of age, and as such, provision of POCSO Act has been applied in the present case.

8. I have heard the submissions made by learned counsel for the petitioner and learned Public Prosecutor.

9. This Court, considering the statement of the prosecutrix recorded under Section 164 Cr.P.C, the nature of allegation levelled against the petitioner, the period of custody of the petitioner, the age of the prosecutrix is yet to be decided and without expressing any opinion on the merits of the case, deems it just and proper to release the petitioner on bail.

10. Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Jeetu Kumar S/o Nathulal, shall be released on bail in connection with FIR No. 131/2021, registered at Police Station Banetha, District Tonk, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- along with two sureties in the sum of Rs.50,000/- each, to the satisfaction of the learned trial court for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.