HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
9929/2021
Manish Son Of Harikishan, Resident Of Garadwas, Police Station
Chouth Ka Barwara, District Sawai Madhopur ( Rajasthan) ( At
Present Confined In District Jail, Sawai Madhopur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 10407/2021 Ramraj S/o Sh. Harfool, R/o Ukhlana Police Station Aligarh Dist. Tonk (Raj.) (Presently Confined In Sub Jail Sawai Madhopur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Girish Khandelwal through VC Mr. Neeraj Joshi through VC For Complainant(s) : Mr. Dushyant Singh Naruka through VC For State : Mr. Mangal Singh Saini, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 05/07/2021
1. Defect/s pointed out by the Registry in S.B. Criminal Misc. Bail Application No. 10407/2021 is/are waived.
2. Petitioners have filed these bail applications under Section 439 Cr.P.C.
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3. F.I.R. No.57/2021 was registered at Police Station Soorwal, District Sawai Madhopur for offence under Sections 363, 366, 344, 376-D I.P.C. and Sections 5 & 6 of POCSO Act.
4. It is contended by counsel for the petitioners that prosecutrix is a married lady. She was having an affair with co-accused-Pintoo and went on her own free will. In the statement recorded under Section 164 Cr.P.C., she has not levelled any allegation with regard to rape against petitioner-Manish. With regard to petitioner- Ramraj, he is neither named in the F.I.R. nor in the statement recorded under Section 164 Cr.P.C.
5. Learned Public Prosecutor and counsel for the complainant have opposed these bail applications. It is contended that petitioner-Manish has been identified in the identification parade by the prosecutrix.
6. I have considered the contentions.
7. Considering the contentions put forth by counsel for the petitioners, I deem it proper to allow these bail applications.
8. These bail applications are, accordingly, allowed and it is directed that accused-petitioners shall be released on bail provided each of them 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 they shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.
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9. A copy of this order be placed in connected file.
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