Naresh vs State
2021 Latest Caselaw 18109 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15724/2021

Naresh S/o Bheru Lal, Aged About 19 Years, B/c Keer, R/o Sardargarh, P.S. Amet, District Rajsamand.

(At Present Lodged In District Jail Rajsamand)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Kuldeep Singh Rathore. For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

01/12/2021

The petitioner has been arrested in connection with FIR

No.258/2021 Police Station Kankroli, District Rajsamand for the

offence punishable under Sections 376(2)(N), 376, 366 of IPC and

under Sections 3, 4, 5, 6 of POCSO Act and under Sections 3(1)

(W-i), 3(2)(V) of SC/ST (Prevention of Atrocities Act Cases).

Counsel for the petitioner submits that the prosecutrix is a

major girl and if anything happened that was with the consent of

the prosecutrix. The accused-petitioner is in judicial custody and

the trial of the case will take sufficient long time to be concluded.

Therefore, the benefit of bail should be granted to the accused-

petitioner.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-15724/2021]

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 accused

petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Naresh S/o Bheru Lal,

shall be released on bail in connection with FIR No.258/2021

Police Station Kankroli, District Rajsamand provided he executes a

personal bond in a sum of Rs.1,00,000/- with two sound and

solvent sureties of Rs.50,000/- each to the satisfaction of learned

trial court for his appearance before that court on each and every

date of hearing and whenever called upon to do so till the

completion of the trial.

(MANOJ KUMAR GARG),J

75-prashant/-

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