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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MUKESH – 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. 207/2024 registered at Police Station Sadar Dungarpur, District Dungarpur for the offences under Sections 64(1) & 137(2) of BNS and Section 3/4, 5(j)(II)/6 of POCSO Act .
2. Drawing attention of the Court towards the FIR and the statements of the victim ‘M’ recorded under Sections 180 and 183 of BNSS , learned counsel for the petitioner submitted that the petitioner who is aged about 20 years was having mutual relationship with victim ‘M’ who is aged about 17 years. Learned counsel submitted that when the victim ‘M’ became pregnant she has roped the petitioner in a false criminal case.
3. Lastly, learned counsel submitted that the petitioner is in judicial custody; the investigation against him has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
4. Per contra, learned Public Prosecutor has vehemently opposed the bail application.
5. Heard learned counsel for the parties at Bar. Perused the material available on record.
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 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 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 victim's acknowledgment of a consensual relationship and lack of evidence tampering concerns, despite serious charges against the petitioner.
The court found prima facie merit in the claim of a mutual relationship between the petitioner and the victim, allowing bail due to completed investigation and time served in custody.
Delay in lodging FIR without plausible explanation undermines prosecution's credibility, justifying bail.
Bail can be granted when the accused is in judicial custody, investigation is complete, and there is no risk of tampering with evidence or influencing witnesses.
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