In cases involving allegations under the POCSO Act, the court may consider granting bail to the accused if there is a delay in filing the FIR, the prosecutrix is a major, and the accused has no criminal antecedents.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 15900/2022

Omprakash @ Prakash S/o Devilal, Resident Of Bishankheda

Police Station Manoharthana District Jhalawar (Raj.) ( At Present

Confined In Sub District Jail Aklera Distt. Jhalawar (Raj.)

----Accused/Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Rohit Khandelwal

For Respondent(s)

:

Mr. Riyasat Ali, PP

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.286/2022 registered at Police Station Manohar Thana, District

Jhalawar for the offence(s) under Section(s) 376 of I.P.C. and

Section 3/4 of POCSO Act, 2012 and later on for the offence under

Sections 376 of IPC.

Learned counsel for the petitioner submits that he has falsely

been implicated in this case wherein, the FIR has been lodged by

a major girl with inordinate delay of about a month. He submits

that after investigation charge-sheet has been filed under Section

376 of IPC finding the prosecutrix to be major. Learned counsel

submits that the petitioner is in custody since 27.09.2022, 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-15900/2022]

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the submissions advanced by

learned counsel for the petitioner, nature of allegation, material

contained in the charge-sheet, age of the respective parties, 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 Omprakash @ Prakash S/o Devilal

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/33