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2023 Supreme(Raj) 961
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Sukhvinder Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 605 of 2023
Decided On : 24-01-2023
Important Points
Subject
Criminal Law - Bail Application
Act Referred
INDIAN PENAL CODE : S.363, S.366(k), S.376(2)(n)
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.3(a), S.4, S.5(l), S.6
Headnote
Bail Application - Voluntary Living - The court granted bail to the accused-petitioner based on the voluntary living of the prosecutrix with the accused-petitioner as revealed in her statement recorded under Section 164 Cr.P.C.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested in connection with F.I.R. No.246/2022 for various offenses. The prosecutrix's statement revealed that she had voluntarily left her parental house and was living with the accused-petitioner.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner based on the voluntary living of the prosecutrix with the accused-petitioner as revealed in her statement recorded under Section 164 Cr.P.C.
Issues: Bail Application, Voluntary Living, Trial Duration
Ratio Decidendi: The court considered the voluntary living of the prosecutrix with the accused-petitioner as a significant factor in granting bail, especially considering the expected lengthy trial duration.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon fulfilling certain conditions.
Shree Kant Verma, Advocate, Arun Kumar, Advocate
JUDGMENT
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.246/2022, registered at Police Station Rawla, District Sri Ganganagar, for offences under Sections 363, 366(K), 376(2)(n) of IPC & Sections 3(A)/4, 5(L)/6 of POCSO Act.
2. Learned counsel for the petitioner has drawn the Court’s attention towards statement of the prosecutrix recorded under Section 164 Cr.P.C. which reveals that the prosecutrix had left her parental house and was living with the accused-petitioner voluntarily. The above mentioned act happened with due consent of the prosecutrix. The petitioner is in judicial custody 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.
3. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
4. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sukhvinder Singh S/o Jagseer Singh arrested in connection with F.I.R. No.246/2022, registered at Police Station Rawla, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
