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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
LAKSHMI NARAYAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.325/2024 registered at Police Station Jai Narayan Vyas Colony, District Bikaner, for the offences punishable under Sections 65(2) & 74 of the BNS and Sections 5m/6 & 9/10 396 of the POCSO Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of this Court towards the statements of the victim ‘P’ (PW-1) recorded before the competent Criminal Court, learned counsel for the petitioner submitted that the victim ‘P’ during her Court’s statements has not supported the prosecution story and has turned hostile. Learned counsel further submitted that the complainant and father of the victim ‘P’ (PW-3) has also not supported the prosecution story during his Courts statements as turned hostile. Learned counsel further contended that since the material prosecution witnesses including the victim ‘P’ during the course of trial have not supported the prosecution story and have turned hostile, therefore, the chances of the petitioner getting convicted in the present ca
The court grants bail due to the absence of supportive testimony from key witnesses, indicating a low likelihood of conviction.
The lack of supporting testimony from key witnesses and prolonged trial duration justified the court's decision to grant bail, despite serious allegations.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
The court granted bail based on the victim's voluntary actions and lack of allegations of coercion, emphasizing the importance of her statements in the bail decision.
The court granted bail based on the lack of supporting evidence from key witnesses, significantly reducing the likelihood of conviction.
The court emphasized that bail cannot be granted in serious offenses under POCSO without compelling evidence, affirming the trial court's exclusive role in evaluating guilt.
Bail may be granted when victim's statements do not support allegations, and judicial custody is prolonged without sufficient evidence.
The court granted bail based on the victim's voluntary actions and lack of evidence of coercion or risk of influencing witnesses.
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