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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
DHARMA @ DHARMENDRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.147/2024 registered at Police Station Sajjangarh, Dist. Banswara, for the offences under Sections 137(2), 87, 127(3), 64(2)(m) of BNS; Sections 5(l)/6 of POCSO Act and Section 84 of JJ Act .
2. Learned counsel for the petitioner submitted that the victim ‘M’ who is aged about 17 years on 01.09.2024 voluntarily eloped with the present petitioner who is aged about 21 years. Learned counsel submitted that the victim ‘M’ stayed with the present petitioner for more than ten days out of her own free will and volition. While she was in the company of the present petitioner, despite having ample opportunities she did not disclose the factum of she being forcibly abducted or subjected to sexual assault/rape by the present petitioner, to anyone. It was submitted that sufficient material is available on record to indicate that later on, when the relations between them turned sour, the petitioner has been roped in a false criminal case.
3. Lastly, learned counsel submitted that the petitioner is in judicial custody; challan against him has already been f
The court granted bail based on the victim's voluntary actions and lack of evidence of coercion or risk of influencing witnesses.
Bail can be granted in serious allegations when victim's statements indicate consent and the investigation is complete.
The court determined that a minor's voluntary elopement with the accused, coupled with no evidence of coercion, justified granting bail despite serious charges.
The court emphasized that prior acquaintance and lack of evidence of coercion justified granting bail, highlighting the importance of assessing risks of influencing witnesses.
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 victim's acknowledgment of a consensual relationship and lack of evidence tampering concerns, despite serious charges against the petitioner.
The court granted bail based on the absence of injuries and completed investigation, emphasizing that bail decisions do not reflect on the merits of the case.
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