HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
ALKESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
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.249/2024 registered at Police Station Kushalgarh, Dist. Banswara, for the offences under Sections 333 and 64(1) of BNS and Sections 3/4 of POCSO Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the FIR and the statements of the victim ‘P’ recorded under various Sections of Cr.P.C., learned counsel for the petitioner submitted that the petitioner who is aged about 18 years was having a mutual relationship with the victim ‘P’ who is aged about 17 years. Learned counsel for the petitioner submitted that on the date of the alleged incident, when the victim ‘P’ was alone in the house, she called the petitioner and developed the physical relationship with him. However, when her family members have seen her in a compromising position with the present petitioner, she has roped the petitioner in a false criminal case.
4. Lastly, learned counsel submitted that the petitioner is in judicial custody; challan has already been f
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.
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 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 acknowledgment of a consensual relationship and lack of evidence tampering concerns, despite serious charges against the petitioner.
Bail granted due to completed investigation, absence of prior criminal record, and no risk of influencing witnesses.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
The court granted bail due to insufficient evidence supporting allegations against the petitioner, emphasizing the context of prior relationships and lack of incriminating materials.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
Delay in lodging FIR without plausible explanation undermines prosecution's credibility, justifying bail.
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.
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