In cases involving consensual relationships under the POCSO Act, courts may consider granting bail if there is a compromise between the parties and the trial is likely to take a long time to conclude.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 15031/2022

Narayan @ Mangi Lal S/o Shri Ratanlal Kalbeliya, Aged About 27

Years, R/o Jalki Ka Kheda, Ps Gangrar, Dist. Chittorgarh. (At

Present Lodged At Dist. Jail Chittorgarh).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. S.S. Sisodiya

For Respondent(s)

:

Mr. S.K. Mehar, PP

Mr. Dinesh Chandra Mali, for

complainant.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/01/2023

The petitioner has been arrested in connection with FIR No.

151/2022 of Police Station Gangrar, District Chittorgarh, for the

offence punishable under Sections 363, 366, 376(2)(n) of IPC and

Section 3(l)/4 of POCSO Act. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that as per the

statement of prosecutrix recorded under Sections 161 and 164

Cr.P.C, there was love affair between her and the present

petitioner and she went along with the accused-petitioner to many

places on her own free will and during this period she did not raise

any hue and cry. He further submits that now a compromise has

also arrived at between the parties. Challan of the case has

already been presented. The accused-petitioner is behind the bars

(2 of 2)

[CRLMB-15031/2022]

and the trial of the case will take sufficient long time to be

concluded. Therefore, the benefit of bail should be granted to the

accused-petitioner.

Learned Public Prosecutor vehemently opposed the bail

application.

Counsel for the complainant concurs the fact of compromise.

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 Narayan @ Mangi Lal S/o

Shri Ratanlal Kalbeliya, shall be released on bail in connection

with FIR No.151/2022 of Police Station Gangrar, District

Chittorgarh, 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

109-Ishan/-