In cases involving allegations of rape under the POCSO Act, the absence of a rape allegation in the prosecutrix's statement recorded under Section 164 CrPC, coupled with the accused's lack of criminal antecedents and other mitigating factors, may be considered by the court in granting bail.

SAHIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 14775/2022

Kamlesh Son Of Kalulal, Aged About 20 Years, R/o Nayagaon,

Police Station Aklera, District Jhalawar ( At Present Accused

Confined In Jail Jhalawar)

----Accused/Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Dushyant Singh Naruka

For Respondent(s)

:

Mr. Riyasat Ali, PP

Mr. Rohit Khandelwal

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

10/01/2023

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.476/2022 registered at Police Station Aklera, District Jhalawar

for the offence(s) under Section(s) 376 of I.P.C. and Section 3/4 of

POCSO Act, 2012.

Learned counsel for the petitioner submits that he, a boy of

20 years of age, has falsely been implicated in this case. Inviting

attention of this Court towards the statement of the prosecutrix

recorded under Section 164 CrPC, learned counsel submits that it

is bereft of any allegation of rape upon her. He submits that the

petitioner is in custody since 18.09.2022, charge-sheet has been

filed, trial of the case will take time, he has no criminal

antecedents and prays for his release on bail.

(2 of 2)

[CRLMB-14775/2022]

Although, learned Public Prosecutor assisted by learned

counsel for the complainant opposed the prayer; but, could not

dispute that the statement of the prosecutrix recorded under

Section 164 CrPC does not contain any allegation of rape.

Taking into consideration the submissions advanced by

learned counsels for the respective parties, material available in

the case diary especially, the statement of the prosecutrix

recorded under Section 164 CrPC, age of the petitioner, his length

of custody and absence of criminal antecedents; but, without

expressing any opinion on the merits of the case, this Court

deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed

that accused-petitioner Kamlesh Son Of Kalulal shall be

released on bail under Section 439 Cr.P.C. in connection with

afore-mentioned FIR registered at concerned Police Station,

provided he furnishes a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall comply with all

the conditions laid down under Section 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/26