In cases involving offenses under the POCSO Act, the court may consider granting bail if the prosecutrix's statement indicates consent and there is a likelihood of a prolonged trial.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 14392/2022

Hari Nayak S/o Shri Bhawarlal, Aged About 21 Years, R/o

Khandel Jaisinghpura, Police Station Phulera, District Jaipur, At

Present Kishan Choudhary Bricks Industry Kachnar, Police

Station Narena, District Jaipur ( At Present Accused Confined In

Central Jail Jaipur)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Rajesh Gadwal

For Respondent(s)

:

Mr. Babu Lal Nasuna, Dy.G.A.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

11/01/2023

The petitioner has been arrested in connection with FIR No.

193/2021 of Police Station Narena, District Jaipur, for the offence

punishable under Sections 363 and 366 of IPC and Section 3/4 of

POCSO Act, 2012 and alternative Section 376 of IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the

prosecutrix has been examined in the Court as PW/1 and

according to her statement, she mentioned that she roamed with

the petitioner and resided alongwith him for a period of ten days

and during this period she has not raised any hue and cry and if

anything happened, then it was with the consent of the

prosecutrix. The accused-petitioner is behind the bars and the trial

of the case will take sufficient long time to be concluded.

(2 of 2)

[CRLMB-14392/2022]

Therefore, the benefit of bail should be granted to the accused-

petitioner.

Learned Deputy Government Advocate vehemently opposed

the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Hari Nayak S/o Shri

Bhawarlal, shall be released on bail in connection with FIR

No.193/2021 of Police Station Narena, District Jaipur, provided he

executes a personal bond in a sum of Rs.1,00,000/- with two

sound and solvent sureties of Rs.50,000/- each to the satisfaction

of learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(MANOJ KUMAR GARG),J

Ishan/11