Rajesh Gurjar vs State
2021 Latest Caselaw 18947 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10546/2021

Rajesh Gurjar S/o Gyanaram, Aged About 22 Years, R/o Baddiya Tehsil Sardar Shahar District Churu, Rajasthan. (At Present Lodged At Churu Jail)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Swaroop Singh For Respondent(s) : Mr. Mahipal Bishnoi, PP

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.52/2021of Police Station Bhanipura, District Churu for the

offence(s) punishable under Section(s) 363, 366-A, 376(2)(n),

376(3), 343, 382 of the IPC & Section 5L, 5(j)(ii)/6 of the 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

allegations of abduction and sexual assault of the prosecutrix,

levelled against the petitioner, are absolutely false. It is further

submitted that though the police, in the charge-sheet, has

concluded that the date of birth of the prosecutrix is 15.09.2005,

but father of the prosecutrix has applied before the Head Master,

(2 of 2) [CRLMB-10546/2021]

Government Higher Secondry School, Badaria under the RTI Act

and obtained her admission form, whereby the prosecutrix was

admitted in the school for the first time and in the said admission

form, it is clearly mentioned that the date of birth of the

prosecutrix is 16.04.2001, as such, she was more than eighteen

years of age on the day of incident. Learned counsel for the

petitioner has, therefore, submitted that it is not a case of

abduction and sexual assault; charge-sheet has been filed and

trial of the case will 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 bail application(s) filed under Section

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

Rajesh Gurjar S/o Gyanaram shall be released on bail in

connection with FIR No.52/2021 of Police Station Bhanipura,

District Churu 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

9-mohit/-

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