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KULDEEP MATHUR
Sawant Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.198/2022, registered at Police Station Jhanwar, District Jodhpur for offences punishable under Sections 363, 366A and 376 IPC and Section 3/4 of the Protection of Children From Sexual Offences Act.
2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner drew attention of this Court towards statement of prosecutrix recorded under Section 164 Cr.P.C. before the competent criminal court. Learned counsel further submitted that petitioner has falsely been implicated in this case, though the petitioner and the prosecutrix were in a consensual relationship.
4. Keeping in view of the aforesaid submission along with the fact that age of the prosecutrix is between 16 to 18 years age and age of the complainant is 21 years old, the benefit of bail deserves to be granted to the accused petitioner.
5. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
6. Having considered the rival s
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 absence of sexual assault allegations and the anticipated lengthy trial duration influenced the court's decision to grant bail to the accused petitioner.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The court considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
The belated registration of the FIR and the prima facie reflection of consent in the prosecutrix's statement influenced the court's decision in allowing the grant of bail to the falsely implicated ap....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
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.
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