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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Karan – 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.17/2023 registered at Police Station Jaloda Jagir, District Pratapgarh, for offences under Sections 363, 366, 344 , 506 & 376(2)(m) of IPC and Sections 3/4 & 5/6 of POCSO Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner who is aged about 19 years has falsely been roped in a criminal case. Learned counsel submitted that the victim ‘C’ on 17.11.2023 voluntarily eloped with the present petitioner and travelled with him to various places using public transportation. Learned counsel further submitted that the victim ‘C’ stayed in the company of the present petitioner for more than 15 days in a populated city of Gujarat and despite having ample opportunities, she did not disclose the factum of she being abducted or subjected to forcible sexual assault by the present petitioner to anyone. Learned counsel further contended that it was only when she was discovered by the investigating agency, pursuant to the FI
Bail can be granted in serious allegations when victim's statements indicate consent and the investigation is complete.
The court granted bail based on the victim's voluntary actions and lack of evidence of coercion or risk of influencing witnesses.
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 granted bail based on the victim's acknowledgment of a consensual relationship and lack of evidence tampering concerns, despite serious charges against the petitioner.
Delay in lodging FIR without plausible explanation can undermine the credibility of allegations, impacting bail decisions.
The court granted bail based on prima facie evidence suggesting a consensual relationship, emphasizing that findings were limited to bail considerations and should not influence the trial.
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 consensual nature of the relationship between the petitioner and the victim, finding no risk of influencing witnesses or fleeing from justice.
The court denied bail based on the gravity of allegations and the potential influence on witnesses, emphasizing the need for a fair trial.
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