The court established that prior statements of the complainant indicating consent can significantly influence bail decisions in cases of alleged sexual assault.

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 petitioner. Learned counsel has submitted that from perusal of the charge-sheet, it is clear that twice the complainant had appeared before the police and specifically stated that she went with the petitioner on her own free will.

4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) ? Narendra Kumar S/o Dalip Jaat (Beniwal) shall be released on bail in connection with FIR No.131/2021 of Police Station Rajiasar, Distt. Sri Ganganagar provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.