Bail may be granted when victim's statements do not support allegations, and judicial custody is prolonged without sufficient evidence.

Order :

1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.414/2024 registered at Police Station Kotwali Bhilwara, District Bhilwara, for offences under Section 75(2) of BNS ; and Sections 7/8, and 9(m)/10 of POCSO Act .

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Learned counsel for the petitioner submitted that as per the prosecution, on 08.09.2020, at about 05:30 pm. when the complainant’s minor daughter was playing outside the house, the present petitioner who was deployed there as Security Personnel started doing obscene acts by touching the body of the victim inappropriately. Thereupon, when the complainant and his family members inquired from the victim about the incident, she disclosed to them the entire episode which happened on 08.09.2024.

4. Learned counsel for the petitioner submitted that the statements of the victim- ‘N’ have been recorded before the competent criminal Court as PW.1 on 09.12.2024. The victim during her chief-examination has stated that on the date of the alleged incident when she reached on bicycle, the present petitioner asked her from where she was coming. In response to that, she told him that since it was raining she was going back home thereupon, the petitioner started cleaning mud (kichad) from her clothes and scolded her by saying that he will tell her parents that she was going out in rain. Upon hearing this, when she had started crying, the petitioner kissed her and told her that you are like my daughter. Learned counsel submitted that a bare perusal of the chief-examination of the victim clearly indicates that no incident as alleged in the FIR has ever happened. The petitioner who is aged about 33 years has been falsely implicated in the present case; the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Learned Public Prosecutor as well as learned counsel for the complainant were not in a position to refute the fact that the statements of victim- ‘N’ recorded before the competent criminal Court do not support the prosecution story of petitioner doing obscene acts towards the victim or touching her with ill intentions.

6. Having considered the rival submissions, facts and circumstances of the case particularly keeping in view the statements of the victim- ‘N’ and her mother- Palak Rochani (PW.3) recorded before the competent criminal Court wherein they have not levelled any allegation of obscene acts/wrong doings against the present petitioner, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner- Natwar Lal Alias Rajkumar Soni S/o Jagdish Soni, arrested in connection with F.I.R. No.414/2024 registered at Police Station Kotwali Bhilwara, District Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.