HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Natwar Lal Alias Rajkumar Soni – Appellant
Versus
State Of Rajasthan – Respondent
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
Bail may be granted when victim's statements do not support allegations, and judicial custody is prolonged without sufficient evidence.
The POCSO Act establishes a presumption of guilt based on credible victim statements, shifting the burden of proof to the accused.
The court granted bail under Section 439 Cr.P.C. due to lack of evidence tampering risk and prolonged judicial custody, despite serious allegations against the petitioner.
The absence of recovered evidence and lack of risk of witness tampering justified granting bail in a case of alleged blackmail and sexual assault.
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
The court granted bail due to the lack of evidence against the petitioner and the consensual nature of the relationship with the victim, emphasizing no risk of influencing witnesses.
The court granted bail based on the duration of custody and the fact that co-accused had been released, emphasizing the need to consider the nature of allegations.
The court grants bail due to the absence of supportive testimony from key witnesses, indicating a low likelihood of conviction.
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.
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