HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5764/2022 Vinod S/o Sh. Shankar Lal, Aged About 22 Years, B/c Od, R/o Vill. Upali Odan Ps And Tehsil Nathdwara Dist. Rajsamand Raj. (Presently Lodged In Dist. Jail Rajsamand)
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Smt. Bhuri Bai W/o Sh. Panna Lal, B/c Meena R/o Juniwadi Nathdwara Dist. Rajsamand Raj.
----Respondents
For Petitioner(s) : Mr Pradeep Shah
For Respondent(s) : Mr S.K. Bhati Public Prosecutor
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
06/05/2022
This application for bail under Sec.439 CrPC has been filed by the petitioner who has been arrested in connection with FIR No.367/2021 registered at Police Station Nathdwara, District Rajsamand for offence under Sections 363, 366A, 376(2)(n), 376(3) IPC; Section 5/6 of the POCSO Act and Sections 3(2)(v), 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act.
Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner submits that a bare perusal of the statement of the prosecutrix reveals that she was all over a consenting party. She eloped with the petitioner at her own free will and volition sans coercion. The learned counsel drew attention of this Court towards love letters purportedly written by (Downloaded on 09/05/2022 at 08:24:33 PM) (2 of 2) [CRLMB-5764/2022] the prosecutrix to the petitioner, wherein she was insisting the petitioner to take her away to marry her. Learned counsel submits that after the investigation, challan has been filed.
Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, in the facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner- Vinod s/o Shanker Lal arrested in connection with FIR No.367/2021 registered at Police Station Nathdwara, District Rajsamand shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (rupees Fifty Thousand) and two sureties of Rs.25,000/- (rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(FARJAND ALI),J 158-MMA/-
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