The court granted bail to young accused-petitioners after prolonged custody, emphasizing the need for a fair trial without prejudicing the case's merits.

ORDER :

(Ashutosh Kumar, J.)

The present bail applications have been filed by the accused-petitioners for granting bail under Section 439 Cr.P.C. in FIR No.569/2022 registered at Police Station Malpura Gate, Jaipur City (East) for the offence under Sections 363 IPC and later on during investigation, Sections 323, 363, 366, 366(A), 342, 376(3) 376(D) (A) & 376(2)(n) IPC and Sections 3, 4, 5(g), 5(l) & 6 of the Protection of Children from Sexual Offences Act, 2012 were added.

2. The victim-prosecutrix has been informed about the present bail application but no one is appearing on her behalf.

3. Learned counsel for the accused-petitioners submitted that the prosecutrix is 16 years of age and the present accused-petitioners are 19 years of age.

4. Learned counsel for the accused-petitioners submitted that as per the statement, recorded under Section 161 Cr.P.C., the prosecutrix stated that on 16.11.2022 at around 1.00 PM, the accused-petitioner Sunny took away her and committed rape. The prosecutrix, in her statement, further stated that she remained with Sunny till 4.00 PM and at around 6.00-7.00 PM, she called the accused-petitioner Kishan Kashyap and then he committed rape on her, thereafter, co-accused Aditya committed rape on her. The prosecutrix also stated in her statement that she had family relation with co-accused Aditya.

5. Learned counsel further submitted that in the statement, recorded under Section 164 Cr.P.C., the prosecutrix has improved her statements and again during trial, the prosecutrix further improved her statements.

6. Learned counsel further submitted that in the medical examination of the prosecutrix, she has not disclosed the fact of rape, committed by the accused-petitioners, to the Doctor, whereas, she has specifically named the co-accused Aditya and Sunny for committing rape on her.

7. Learned counsel further submitted that in the medical examination, the prosecutrix has stated to the Doctor that co-accused Aditya used to have physical relation with her and she did not disclosed this fact to anybody before lodging of FIR.

8. Learned counsel further submitted that the accused-petitioners are students of 19 years of age and they were arrested in the month of November, 2022 and since then, they are in judicial custody. Learned counsel submitted that statements of the prosecutrix have been recorded in the Court and trial will take time to conclude, thus, the present accused-petitioners may be enlarged on bail.

9. On the other hand, learned Public Prosecutor opposed this bail application.

10. Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor and perused the material available on record.

11. Looking to the totality of the facts as well as considering the fact that the accused-petitioners, at the age of 19 years, are behind bars for last one year and that the trial of this case will take time to conclude but without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the accused-petitioners deserve to be accepted.

12. Consequently, the bail applications filed by the accused-petitioners under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner namely (i) Kishan Kashyap s/o Sh. Boley Alias Bholey and (ii) Sunny s/o Shri Hanuman Sahay arrested in FIR No.569/2022 registered at Police Station Malpura Gate, Jaipur City (East) for offence under 363 IPC later on during investigation, Sections 323, 363, 366, 366(A), 342, 376(3) 376(D)(A) & 376(2) (n) IPC and Sections 3, 4, 5(g), 5(l) & 6 of the Protection of Children from Sexual Offences Act, 2012 be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.

13. A copy of this order be separately placed in the conn