VIJAY BISHNOI
Narendra Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.
2. The petitioner(s) has/have been arrested in FIR No.131/2021 of Police Station Rajiasar, Distt. Sri Ganganagar for the offence(s) punishable under Section(s) 376(2)(N) IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that allegation of sexual assault, levelled against the petitioner, is absolutely false. It is further submitted that the complainant is major and she went with the petitioner on her own free will. It is argued that in relation to the said incident, a missing person report was lodged at the instance of complainant's brother, in which, the complainant had appeared before the IO and specifically stated that she went with the petitioner on her own free will and he did not do anything wrong with her. It is argued that again on 22.6.2021, the complainant along with her brothers had appeared before the SHO, PS Rajiasar and reiterated the same facts, however later on, on 30.7.2021, the complainant under pressure of her family members, has lodged this false FIR against the
The court established that prior statements of the complainant indicating consent can significantly influence bail decisions in cases of alleged sexual assault.
The court established that the presence of evidence indicating a consensual relationship and the age of the prosecutrix at the time of the complaint are significant factors in determining bail in sex....
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances warrant it, particularly in cases where the trial may be prolonged and the evidence is not immediately ....
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