Madan Lal vs State Of Rajasthan
2021 Latest Caselaw 18941 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14816/2021

Madan Lal S/o Rupa Ram, Aged About 20 Years, Balwada Fala, Agniya, Police Station Kotwali, District Dungarpur. (At Present District Jail Dungarupur).

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

----Respondent

For Petitioner(s) : Mr. Naresh Khatri For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/12/2021 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.225/2021 of

Police Station Kotwali Dungarpur, District Dungarpur for the

offences punishable under Sections 363, 366, 376(2), 376(3), 343

of IPC and 5/6 of POCSO Act, 2012. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations of abduction and sexual assault, levelled against the

petitioner, are absolutely false. It is argued that the prosecutrix, in

her statements recorded under Section 164 Cr.P.C., has clearly

stated that she went with the petitioner on her own free will. It is

submitted that the petitioner is in jail since long time and trial of

the case is likely to take time.

(2 of 2) [CRLMB-14816/2021]

Learned Public Prosecutor has opposed the bail application.

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, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Madan Lal S/o

Rupa Ram shall be released on bail in connection with FIR

No.225/2021 of Police Station Kotwali Dungarpur, District

Dungarpur provided he executes a personal bond in a 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 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

31-Arun/-

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