Pappulal vs State
2021 Latest Caselaw 12136 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 8854/2021

Pappulal S/o Logar, Aged About 20 Years, Ganeshpura, P.s. Ghasa, Dist. Udaipur (Raj.). (Presently Lodged At Central Jail, Udaipur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Gopal Singh Bhati For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/08/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.17/2021 of Police Station Vallabhnagar, District

Udaipur for the offence(s) punishable under Section(s)

363, 366, 376 IPC and Sections 4 and 6 of the POCSO

Act. He/she/they has/have preferred this/these second

bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

the petitioner has falsely been implicated in this case. It

is further submitted that the prosecutrix, in her

statements under Section 161 Cr.P.C. recorded on

1.2.2021, has clearly stated that she went with the

petitioner on her own free will and solmnized marriage

with him, however later on, under pressure of her family

(2 of 2) [CRLMB-8854/2021]

members, she has levelled allegation of kidnapping and

sexual assault against the petitioner in her statements

recorded under Sectio 164 Cr.P.C. It is also submitted

that on the date of incident, the prosecutrix was around

seventeen and half years of age. It is submitted that the

petitioner is in judicial custody since long and trial of the

case is likely to take time.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and

circumstances of the case, without expressing any

opinion on the merits of the case, I deem it just and

proper to grant bail to the petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Pappulal S/o Logar shall be

released on bail in connection with FIR No.17/2021 of

Police Station Vallabhnagar, District Udaipur provided

he/she/they execute(s) a personal bond in the sum of

Rs.50,000/- with two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of learned trial court

for his/her/their appearance before that court on each

and every date of hearing and whenever called upon to

do so till the completion of the trial.

(VIJAY BISHNOI),J

123-msrathore/-

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