The court established that voluntary consent of the victim and lack of evidence of influencing witnesses justified granting bail despite serious charges.

Order :

1. This 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.152/2024 registered at Police Station Shastrinagar, Jodhpur City West, for the offences under Sections 363, 366 and 376(3) of IPC; Sections 5(j)(ii)/6 of POCSO Act; Section 84 of J.J. Act and Section 9 Prohibition of Child Marriage 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 statements of the victim recorded on 07.08.2024 under Section 183 BNSS clearly indicates that on 01.05.2024, victim eloped with the petitioner from her father’s house and an FIR came to be filed on 18.05.2024. The victim was discovered on 05.08.2024 and upon being examined, on 07.08.2024 in her statements recorded under Section 183 BNSS she clearly stated that she’s aged about 19 years and she accompanied the petitioner to various places out of her own free will.

4. Learned counsel submitted that though as per the prosecution, the date of birth of the victim is 12.08.2010 but she in all her statements has disclosed her date of birth to be 01.01.2006. Even the information furnished by the Principle, Govt. Girls Sr. Sec. School, Shastri Nagar, to the SHO, P.S. Shastri Nagar indicates her date of birth to be 01.01.2006.

5. Learned counsel further submitted that when the victim was in the company of present petitioner, she approached this Court by way of filing S.B. Criminal Writ Petition No.940/2024 (Pooja and Anr. vs. State of Rajasthan & Ors.) praying for issuance of necessary directions to the police to provide adequate security and protection to her and present petitioner on the ground that they are facing grave threat of life and liberty at the hands of her family members.

6. Lastly, learned counsel submitted that 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.

7. Per contra, learned Public Prosecutor has vehemently opposed the bail application.

8. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner who is aged about 23 years is in judicial custody; the material available on record prima facie indicates that the victim voluntarily eloped with the petitioner from her father’s house on 01.05.2024; at the time when the victim was discovered, she was pregnant and she expressed her desire to stay with the present petitioner; there are some contradictions with regard to date of birth of the victim; the victim and the present petitioner jointly submitted a writ petition before this Court seeking directions upon the police to ensure their right to life and personal liberty as they were facing threat from the family members of the victim. This Court further prima facie finds the prosecution has not shown any apprehension of petitioner influencing the material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/ demerits of the case, this Court is inclined to enlarge the petitioner on bail.

9. Consequently, the bail application under Section 439 Cr.P.C.is allowed. It is ordered that the accused-petitioner Mukesh Puri S/o Phool Puri arrested in connection with F.I.R. No.152/2024 registered at Police Station Shastrinagar, Jodhpur City West, 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.

10. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court