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RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Vikas - Appellant
Versus
State - Respondent
S.B. Criminal Miscellaneous Bail Application No. 10075/2021
Decided On : 03-09-2021
BAIL - POCSO ACT - The court granted bail to the petitioner based on the victim's statements indicating a consensual relationship and marriage, highlighting the importance of consent in cases involving young adults and the interpretation of relevant legal provisions under the IPC and POCSO Act.
Fact of the Case:
The petitioner, Vikas, was in custody for alleged offences under IPC and POCSO Act related to the abduction and sexual assault of a victim who was nearly 18 years old. The victim stated that she was in a consensual relationship with the petitioner and had eloped with him against her family's wishes.
Finding of the Court:
The court found that the victim's statements indicated a consensual relationship and marriage, which influenced the decision to grant bail, considering the circumstances surrounding the case.
Issues: Whether the petitioner should be granted bail given the nature of the allegations and the victim's statements regarding consent and relationship.
Ratio Decidendi: The court emphasized the significance of the victim's consent and her desire to continue the relationship with the petitioner, which played a crucial role in the decision to allow bail.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.
JUDGMENT
The instant bail application under Section 439 CrPC has been preferred by the petitioner Vikas S/o Indraj @ Indra Ram, who is in custody in connection with the F.I.R. No.154/2021 registered at the Police Station Hanumangarh Junction, District Hanumangarh for the offences under Sections 363, 366-A, 376(2)(n) IPC and Section 5(L)/6 of the POCSO Act, 2012.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The age of the victim is bordering 18 years. In her statements recorded during investigation under Section 161 as well as 164 CrPC, she categorically stated that she was deeply involved in a love affair with the present petitioner. Her family members wanted to marry her elsewhere and thus, she herself called the petitioner and went away with him. They contracted marriage in a temple, whereafter sexual relations were established between them with consent. Even in the statement under Section 164 CrPC, the girl stated that she wanted to continue her relationship with the present petitioner.
In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioner.
Accordingly, the instant bail application under Section 439 CrPC is allowed. It is ordered that the accused-petitioner Vikas S/o Indraj @ Indra Ram arrested in connection with F.I.R. No.154/2021 registered at the Police Station Hanumangarh Junction, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
Consent of the victim, particularly in cases involving young adults, is a critical factor in determining bail under the POCSO Act and IPC.
The court established that the age of the victim, as evidenced by her Aadhar Card, and the existence of a marriage agreement were significant factors in determining the petitioner's eligibility for b....
The court established that in cases involving minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.
The court granted bail under Section 439 Cr.P.C. due to lack of evidence tampering risk and prolonged judicial custody, despite serious allegations against the petitioner.
The main legal point established in the judgment is that the nature of the relationship between the victim and the petitioner, including the validity of the marriage and allegations of forced love an....
The victim girl's consent, being aged 16, cannot be treated as consent in the eye of law, and the court cannot hold a mini trial to ascertain the merits or demerits of the case at the bail stage.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the duration of custody and the nature of the allegations, warrant such a decisi....
Kidnapped and Rape -Nature of offence, evidence, complicity of accused and submissions of learned counsel for parties, court view that applicant has made out a case for bail
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