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VIJAY BISHNOI
Kanhaiyala – Appellant
Versus
State of Rajasthan – 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.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 furt
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 ....
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 in the absence of strong evidence and with witnesses turning hostile, bail can be granted even in serious criminal cases.
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
The court considered the period of incarceration, completion of witness examination, and the lack of fruitful purpose in keeping the petitioner detained in prison as key factors in allowing the bail ....
Bail may be granted when the prosecution fails to provide substantial evidence, and there is no apprehension of tampering with witnesses or fleeing from justice.
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