Sunil vs State Of Rajasthan
2021 Latest Caselaw 12996 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous IInd Bail Application No. 6552/2021

Sunil S/o Shri Hanuman, Aged About 23 Years, R/o Raisinghpura, Police Station Nohar District Hanumangarh. (At Present Lodged In District Jail Hanumangarh).

----Petitioner Versus State Of Rajasthan, Through P.p.

                                                                   ----Respondent



For Petitioner(s)          :     Mr. Rakesh Matoria

For Respondent(s)          :     Mr. Laxman Solanki, PP




              HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

19/08/2021

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.157/2020

of Police Station Nohar, District Hanumangarh for the offence(s)

punishable under Section(s) 450, 376 of IPC and Section 3/4

POCSO Act. He/she/they has/have preferred this/these bail

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

Learned counsel for the petitioner has submitted that after

rejection of first bail appliction, statements of the prosecutrix and

her parents have been recorded. Learned counsel for the

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petitioner has further submitted that from their evidence, it is

clear that the witnesses have not narrated truth before the trial

court. It is argued that the prosecutrix in her statement has stated

that she was sleeping along with her sibling and parents though

on different beds, from where the petitioner took her to other

room and raped her; she also stated that at that time though she

was underbeams and she came to know about the sexual assault

only after the same was over. Learned counsel for the petitioner

has submitted that it is difficult to comprehend that the petitioner

sexually assaulted the prosecutrix but she came to know only

after it was over. Learned counsel for the petitioner has further

submitted that as a matter of fact the petitioner and the

prosecutrix were in relation and the prosecutrix used to write love

letters to the petitioner, however, when the parents of the

prosecutrix came to know about the same, the father of the

prosecutrix lodged this false case against the petitioner.

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 bail application(s) filed under Section

439 Cr.P.C. is/are allowed and it is directed that petitioner(s) -

Sunil S/o Shri Hanuman shall be released on bail in connection

with FIR No.157/2020 of Police Station Nohar, District

Hanumangarh provided he/she/they execute(s) a personal bond in

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

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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

38-mohit/-

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