1. The second application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No. 245/2023, registered at Police Station Gadhi, District Banswara for the offences under sections 376(3), 376(2)(n) of Indian Penal Code, 1860, section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012 and section 3(2)(w)(ii), 3(2)(v)(s) of SC/ST (Prevention of Atrocities) Act.
2. Learned counsel for the applicant submitted that applicant’s first bail application being S.B. Criminal Miscellaneous Bail Application No.15435/2023 was dismissed by this Court as not pressed vide order dated 19.12.2023.
3. Mr. Poonia, learned counsel for the applicant argued that the applicant has been indicted for the offence under section 376 of Indian Penal Code by the Investigating Officer essentially on the basis of the statements given by three friends of the deceased namely Komal, Maya and Santosh. He pointed out that while giving their statement before the police, all three of them purportedly stated that the applicant had an affair and physical relationship with the deceased.
4. Learned counsel further submitted that the allegation of sexual assault has been made on account of the fact that during post-mortem report, deceased was supposedly found to have indulged in physical relationship.
5. Learned counsel argued that all the three friends of the deceased namely Komal, Maya and Santosh have deposed before the Court and had completely denied the prosecution story.
6. Learned Public Prosecutor at the outset informed that the notice has been served upon the complainant and vehemently opposed the bail application.
7. Heard learned counsel for the parties and perused the material available on record.
8. On perusal of the charge-sheet, it transpires that the reason for which the applicant has been charged for the offence under section 376 of Indian Penal Code was that the post-mortem report showed that the deceased had physical relationship, that too was inferred as the hymen was found torned and also because her three friends purportedly stated that the applicant had friendship and physical relationship with the deceased, though she was minor at that relevant time.
9. Interestingly, all the three friends of the deceased when appeared in the witness box, have completely denied the story as projected by the prosecution.
10. Except for the inference which has been drawn on the basis of post-mortem report, there remains no trace of evidence pointing towards any physical relationship between the applicant and the deceased, much less sexual assault. The victim had committed suicide without pointing towards applicant. There is no possibility of any other evidence on the basis of which the prosecution will be able to bring the charge home.
11. Consequently, the second bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant Yuvraj Singh S/o Ranjeet Singh arrested in connection with FIR No.245/2023, registered at Police Station Gadhi, District Banswara shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.
12. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
13. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.
