The court considered the consensual relationship between the victim and the accused-applicant, the likelihood of a long trial, and the fact that the victim was a major lady in granting bail to the accused-applicant.

ORDER

1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.239/2022 registered at Police Station Nasirabad Sadar District Ajmer for the offence(s) under Sections 366, 344, 328, 376(2)(n) of IPC and under Section 11/12 of POCSO Act, 2012.

2. Learned counsel for the accused-applicant has submitted that the accused-applicant is falsely implicated in the matter. There was a consensual relationship between the victim and himself. They have stayed together, with consensus, for about 28 days. The same is also reflected in 164 statement of the victim. During the said tenure, they stayed in a rented accommodation. Statement of landlord has also been recorded, which bears testimony to the said fact. Learned counsel has further submitted that they even stayed in a hotel for few days and the victim was accompanying the accused-applicant out of her own will. Learned counsel contends that it was only on account of Missing Persons Report filed by husband of the complainant that the present case has been initiated.

3. Per contra, learned Public Prosecutor has opposed the bail application.

4. Considering the arguments advanced by both the sides, considering the fact that the victim is a major lady who herself stated in 164 Cr.P.C. statement that she was living in a rental house with the accused-applicant for approximately a month; that charge-sheet has been filed in the matter; that conclusion of the trial will likely take long and no fruitful purpose would be served by keeping accused-applicant in custody till conclusion of trial, and looking to overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court deems it appropriate to grant bail to the accused-applicant.

5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-applicant Babulal S/o Shri Ramnath shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.