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.

Headnote:
Bail - Criminal Law - The court granted bail to the accused petitioner based on the consensual relationship between the petitioner and the prosecutrix, and the age difference between them.
Fact of the Case:

The petitioner filed for bail under Section 439 Cr.P.C. in connection with FIR No.198/2022 for offences under Sections 363, 366A, and 376 IPC and Section 3/4 of the Protection of Children From Sexual Offences Act.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner based on the consensual relationship between the petitioner and the prosecutrix, and the age difference between them.
Issues: The issue revolved around the bail application of the accused petitioner in a case involving serious offences under the IPC and the Protection of Children From Sexual Offences Act.
Ratio Decidendi: The court considered the consensual relationship between the petitioner and the prosecutrix, and the age difference between them as key factors in granting bail to the accused petitioner.
Final Decision: The bail application of the accused-petitioner was allowed, and the accused was ordered to be enlarged on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

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 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.

7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Sawant Ram S/o Oma Ram arrested in connection with FIR No.198/2022, registered at Police Station Jhanwar, District Jodhpur shall be enlarged 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.

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