Afzal Ali Kathat vs State Of Rajasthan And Others

Kuldeep Mathur, J

This third application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.609/2022 registered at Police Station Pratap Nagar, District Bhilwara, for offences under Sections 363, 34, 346, 366A, 376D, 370A, 372, 376, 376(2)(n) of the IPC and Sections 3/4 and 5(l)/6 of the POCSO Act.

Heard learned counsel for the parties. Perused the material available on record.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the victim ‘P’ who is a minor girl, in her supplementary statements recorded under Section 161 Cr.P.C. so also during her court statements recorded on 01.06.2023 as PW-1, has levelled serious allegations of forcible sexual assault/rape against the present petitioner and co-accused persons.

In the prima facie opinion of this Court, the presumption of innocence is not available to the accused persons in the present case. It is also noticed that this is third bail application, however, the petitioner has not been able to brought-forth any circumstance which would otherwise convince the Court that the petitioner is not involved in commission of the alleged crime.

Learned counsel for the complainant submitted that during pendency of the present bail application, parties have entered into a settlement and therefore, he has no objection in case the petitioner is enlarged on bail.

This Court is not inclined to accept aforesaid submission made at Bar by the learned counsel for the parties for the reason that the petitioner is facing trial for heinous and serious offences and therefore, even if, he has entered into some settlement with the victim then also, looking to the seriousness of accusation against him, he is not entitled to grant of bail.

In view of aforesaid discussion, this Court is not inclined to enlarge the petitioner on bail.

Accordingly, third bail application filed by the petitioner under Section 439 Cr.P.C. is rejected.