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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
ARSHDEEP SINGH @ ARSH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with FIR No.306/2024 registered at Police Station Hanumangarh Town, District Hanumangarh, for offences under Sections 363, 366 & 376(2)(n) of the IPC and Sections 5(l)/6 of POCSO Act.
2. Drawing attention of the Court towards the statements of victim ‘R’ recorded under Sections 161 & 164 Cr.P.C., learned counsel for the petitioner submitted that sufficient material is available on record to indicate that the victim ‘R’ who is aged about 17 years on 27.04.2024 voluntarily eloped with the present petitioner who is aged about 17 years and 5 months and travelled with him to various places. Learned counsel further submitted that while the victim ‘R’ was in the company of the present petitioner, she had also worked as labourer with him on daily wages. Learned counsel submitted that despite having ample opportunities, she did not disclose the factum of she being abducted or subjected to forcible sexual assault-rape by the present petitioner, to anyone.
3. Lastly, learned counsel for the petitioner submitted that the investigation against the
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 considering the relationship between the accused and victim, lack of criminal antecedents, and absence of evidence indicating risk of tampering or flight.
The court granted bail based on the victim's voluntary actions and lack of evidence of coercion or risk of influencing witnesses.
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.
The court emphasized that prior acquaintance and lack of evidence of coercion justified granting bail, highlighting the importance of assessing risks of influencing witnesses.
The court granted bail due to contradictions in the prosecutrix's statements, suggesting possible false allegations, and no risk of influencing witnesses or fleeing from justice.
Bail can be granted in serious allegations when victim's statements indicate consent and the investigation is complete.
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 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.
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