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 sexual assault cases.

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.73/2021 of Police Station Dungla, Chittorgarh, Distt. Chittorgarh for the offence(s) punishable under Section(s) 376 IPC and Section 5/6 of the POCSO Act. 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 argued that prosecutrix and the petitioner were in relationship from last so many years and decided to solemnize marriage, however, when family members of the prosecutrix came to know about their relationship, they pressurized the prosecutrix to lodge a false complaint against the petitioner. Learned counsel while inviting my attention towards the documents i.e. letters, whatsapp chats and photographs, exchanged in-between the petitioner and the prosecutrix, which are annexed with the charge-sheet, has submitted that from the said evidence, it is clear that relationship between the prosecutrix and the petitioner was consensual. It is further submitted that at the time of filing of the complaint, the prosecutrix was major; charge-sheet has been filed and trial of the case is likely to take time.

4. Learned Public Prosecutor has 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) ? Kanhaiyalal @ Kishan Lal S/o Shri Bheru Lal Ahir shall be released on bail in connection with FIR No.73/2021 of Police Station Dungla, Chittorgarh, Distt. Chittorgarh 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.