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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MUKESH PURI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 b
The court established that voluntary consent of the victim and lack of evidence of influencing witnesses justified granting bail despite serious charges.
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 voluntary actions and lack of allegations of coercion, emphasizing the importance of her statements in the bail decision.
A delay in filing an FIR and lack of injuries can raise doubts about the credibility of allegations, justifying the grant of bail under Section 439 Cr.P.C.
Grant of Regular Bail - Offence of Kidnapping, abducting or inducing woman to compel her marriage, etc - Bail is rule and committal to jail is an exception - No reason to keep applicant behind bars f....
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.
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