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 bail under the POCSO Act.

Headnote:
[BAIL] - [POCSO ACT] - [The court granted bail to the petitioner, Kamlesh, under Section 439 CrPC, considering the evidence presented, including the victim's Aadhar Card indicating her age as above 18 at the time of the incident, and a marriage agreement between the petitioner and the victim. The court found merit in the petitioner's claim of lack of knowledge regarding the victim's age, leading to the decision to allow bail.]
Fact of the Case:

Kamlesh, the petitioner, was in custody for serious offences under IPC and POCSO Act. His first bail application was rejected, but after the victim's statement was recorded, he filed a second application arguing that the evidence was false and that the victim was above 18 years old based on her Aadhar Card.
Finding of the Court:

The court noted that the victim's Aadhar Card, which was prepared five years prior, confirmed her age as above 18. The victim admitted the accuracy of her Aadhar Card during cross-examination, supporting the petitioner's claim of consensual relations and lack of knowledge regarding her age.
Issues: Whether the petitioner should be granted bail considering the evidence of the victim's age and the circumstances surrounding the case.
Ratio Decidendi: The court emphasized the importance of the victim's Aadhar Card as credible evidence of her age and the existence of a marriage agreement, which contributed to the conclusion that the petitioner was not aware of any illegality in his actions.
Result: The court allowed the bail application, ordering the release of Kamlesh on bail with specific conditions.

JUDGMENT

Sandeep Mehta, J. - The instant second bail application under Section 439 CrPC has been preferred by the petitioner Kamlesh S/o Jayraj, who is in custody in connection with the F.I.R. No.608/2020 registered at the Police Station Kotwali, District Chittorgarh for the offences under Sections 363, 366-A, 376(2)(N), 376(D), 120-B IPC and Sections 3/4, 5k/6, 16/17 of the POCSO Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary.

3. The first application for bail preferred on behalf of the petitioner was rejected on 25.01.2021 giving him liberty to renew the prayer for bail after recording of the evidence of the victim. Now the statement of the victim Mst. ?R? has been recorded by the trial court on 21.10.2021.

4. Learned counsel for the petitioner urges that the entire prosecution evidence is false and fabricated. The relations between the victim and the petitioner were consensual. The victim carried her Aadhar Card (Ex.D/1) while going away with the petitioner. In this Aadhar Card, the age of the victim is shown to be above 18 years as on the date of the incident. He, thus, urged that the petitioner deserves indulgence of bail.

5. Per contra learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the petitioner?s counsel. However, he too does not dispute the fact that a marriage agreement was executed between the petitioner and the victim on 21.11.2020.

6. While going with the petitioner, the prosecutrix carried her Aadhar Card (Ex.D/1) with her, which was admittedly prepared about 5 years before the incident. When examined on oath, the victim admitted in her cross-examination that the date or birth as recorded in her Aadhar Card (Ex.D/1) was correct. In this background, there is merit in the contention of the petitioner?s counsel that the petitioner had no knowledge whatsoever that the victim was less than 18 years of age as on the date of incident. The documents of marriage between the petitioner and the prosecutrix form part of the challan papers.

7. 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.

8. Accordingly, the instant bail application under Section 439 CrPC is allowed. It is ordered that the accused-petitioner Kamlesh S/o Jayraj arrested in connection with F.I.R. No.608/2020 registered at the Police Station Kotwali, District Chittorgarh 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.

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