Dinesh vs State Of Rajasthan
2021 Latest Caselaw 18910 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 16592/2021

Dinesh S/o Dhaniya, Aged About 21 Years, R/o Solaj Fala Dunglai, P.s. Nithaua, Distt. Dungarpur (Raj.). (Lodged In Distt. Jail, Dungarpur)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ishwar S/o Sumaji, Aged About 40 Years, R/o Indoda, P.s.

Dowda, Distt. Udaipur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. JVS Deora

For Respondent(s)        :     Mr. Mohd. Javed Gauri, PP assisted by
                               Ms. Kamla Goswami

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/12/2021

Heard learned counsel for the parties and perused

the material available on record.

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

No.71/2021 of Police Station Dowada, Distt. Dungarpur

for the offence(s) punishable under Section(s) 363, 366,

344, 376(2), 376(3) IPC and Section 5/6 of the POCSO

(2 of 3) [CRLMB-16592/2021]

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

the police has filed charge-sheet against the petitioner

mainly on the basis of statement of the prosecutrix given

by her during the course of police investigation. It is

further submitted that now the prosecutrix has been

examined before the trial court as PW-1, however, she

has not supported the prosecution story and turned

hostile. Learned counsel has submitted that when the

prosecutrix herself has not supported the prosecution

story and turned hostile, it would be very difficult for the

prosecution to prove the guilt of 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) - Dinesh S/o Dhaniya shall be released on

bail in connection with FIR No.71/2021 of Police Station

(3 of 3) [CRLMB-16592/2021]

Dowada, Distt. 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

82 - ms rathore

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