Research › Search › Judgment

Rajasthan High Court · body

2021 DIGILAW 2011 (RAJ)

Kamlesh v. State of Rajasthan

2021-10-23

SANDEEP MEHTA

body2021
JUDGMENT Sandeep Mehta, J. - The instant second bail application under Section 439 CrPC has been preferred by the petitioner Kamlesh S/o Jayraj, who is in custody in connection with the F.I.R. No.608/2020 registered at the Police Station Kotwali, District Chittorgarh for the offences under Sections 363, 366-A, 376(2)(N), 376(D), 120-B IPC and Sections 3/4, 5k/6, 16/17 of the POCSO Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary. 3. The first application for bail preferred on behalf of the petitioner was rejected on 25.01.2021 giving him liberty to renew the prayer for bail after recording of the evidence of the victim. Now the statement of the victim Mst. ?R? has been recorded by the trial court on 21.10.2021. 4. Learned counsel for the petitioner urges that the entire prosecution evidence is false and fabricated. The relations between the victim and the petitioner were consensual. The victim carried her Aadhar Card (Ex.D/1) while going away with the petitioner. In this Aadhar Card, the age of the victim is shown to be above 18 years as on the date of the incident. He, thus, urged that the petitioner deserves indulgence of bail. 5. Per contra learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the petitioner?s counsel. However, he too does not dispute the fact that a marriage agreement was executed between the petitioner and the victim on 21.11.2020. 6. While going with the petitioner, the prosecutrix carried her Aadhar Card (Ex.D/1) with her, which was admittedly prepared about 5 years before the incident. When examined on oath, the victim admitted in her cross-examination that the date or birth as recorded in her Aadhar Card (Ex.D/1) was correct. In this background, there is merit in the contention of the petitioner?s counsel that the petitioner had no knowledge whatsoever that the victim was less than 18 years of age as on the date of incident. The documents of marriage between the petitioner and the prosecutrix form part of the challan papers. 7. In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioner. 8. Accordingly, the instant bail application under Section 439 CrPC is allowed. The documents of marriage between the petitioner and the prosecutrix form part of the challan papers. 7. In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioner. 8. Accordingly, the instant bail application under Section 439 CrPC is allowed. It is ordered that the accused-petitioner Kamlesh S/o Jayraj arrested in connection with F.I.R. No.608/2020 registered at the Police Station Kotwali, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.