Jiva @ Jivram vs State Of Rajasthan
2021 Latest Caselaw 12805 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 6555/2021

Jiva @ Jivram S/o Sh. Kauda @ Kamlashankar, Aged About 18 Years, Bhilwa Panchela, Police Station Dhambola, Dist. Dungarpur (Raj.). (Presently Lodged At District Jail, Dungarpur).

                                                                       ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Petitioner(s)            :    Mr. JVS Deora
For Respondent(s)            :    Mr. Mohd. Javed Gauri, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                             Judgment / Order

16/08/2021

Heard learned counsel for the parties and perused

the material available on record.

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

No.376/2020 of Police Station Dhambola, District

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

363, 366, 366A, 343, 323, 376(2)(3), 120-B IPC and

Sections 5(i)(ii) (L)/6, 16/17 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

after rejection of the first bail application of the

petitioner, statements of prosecutrix (PW-2) and her

parents (PW-1) and (PW-3) have been recorded before

the trial court and from the evidence of the said

witnesses, it is clear that the petitioner has falsely been

(2 of 3) [CRLMB-6555/2021]

implicated in this case. It is further submitted that as per

the FIR, the petitioner has abducted the prosecutrix on

10.10.2020 and kept her in confinement for about five

days and, thereafter, the prosecutrix returned to her

house on her own free will. It is also submitted that even

after returning of the prosecutrix, the FIR was lodged on

26.10.2020 i.e. after a delay of about fifteen days.

Learned counsel has submitted that father of the

prosecutrix (PW-1), in his cross-examination, has

admitted that earlier also, the prosecutrix eloped with the

petitioner and they have not filed any complaint in that

respect. It is further submitted that from the statements

of the prosecutrix, it is clear that she was in relation with

the petitioner and went with him on her own free will because as per her own admission, at the time when she

was allegedly abducted, there were so many persons, but

she did not raise any alarm. It is submitted that the

petitioner is in 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) - Jiva @ Jivram S/o Sh. Kauda

(3 of 3) [CRLMB-6555/2021]

@ Kamlashankar shall be released on bail in connection

with FIR No.376/2020 of Police Station Dhambola,

District Dungarpur 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

252-msrathore/-

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