New Delhi: The Supreme Court has granted bail to an 18-year-old boy who is facing allegations of raping a 16-year-old girl, saying that he should not make any attempts to re-associate with the victim girl in any manner either through a device or in-person.
A bench comprising Justices BV Nagarathna and NK Singh, in an order passed on October 4, said: “considering the facts on record, in our view, the case for bail is made out”.
Allowing the bail plea, the bench said that the appellant shall be produced before the concerned trial court as early as possible. "The trial court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of the FIR,” the bench mentioned.
The bench directed that the appellant shall extend complete cooperation in the trial of the instant case and he should not misuse his liberty in any manner or to influence the witnesses in any way.
“In addition, the appellant shall not make any attempts to re-associate with the victim girl in any manner either through a device or in-person. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. With these observations, the appeal is allowed”, said the apex court, in its order.
Advocate Namit Saxena, representing the petitioner, submitted that his client has been in jail since May, 2024 that in fact he was only 18 and a half years at the time of the alleged commission of the offence whereas the victim was about 16 years. Saxena stressed that there was a consensual relationship between the parties.
The appellant has been charged with a crime pursuant to FIR registered in April 2024, at police station Thoi, District Neem Ka Thana in respect of offences punishable under Sections 354(D), 506, 363, 366, 376, 511 and 34 of the Indian Penal Code, 1860 and sections 7/8 and 11/12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The appellant was arrested on May 8, 2024 and the chargesheet was filed before the POCSO court on June 5, 2024. The trial court dismissed his bail plea on June 25, 2024.
The appellant moved the Rajasthan High Court, assailing the trial court order. The high court dismissed the plea on July 16, 2024. The appellant moved the apex court challenging the high court order.
Saxena argued that there are as many as twelve witnesses to be examined, and that the trial will be prolonged and, against the backdrop of the fact that the parties were in a consensual relationship, the high court was not right in sustaining the order of rejection of bail by the trial court.
Saxena urged the apex court to grant relief to his client subject to the conditions to be imposed on him, which he would comply with. State government counsel argued that this is not a case of consensual relationship, and that in fact the victim was only 16 years of age.
“She was taken away by the appellant and the offences were committed on her. Although the chargesheet has been filed, there are as many as twelve witnesses and so long as the material witnesses do not conclude their examination before the court, the appellant may not be released”, said the state’s counsel.
The state government counsel further submitted that there are other criminal antecedents as against the appellant that the minimum sentence in the case of these offences is seven years but he has been in jail only for a few months and there is every likelihood of the appellant being convicted and therefore, there is no merit in this case.
Saxena argued that his client turned 18-years-old earlier this year and the blot of this case will jeopardize his future, while seeking bail for the appellant.
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