Mahendra vs State Of Rajasthan
2021 Latest Caselaw 19235 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14824/2021

Mahendra S/o Kanwara Ram, Aged About 26 Years, R/o Tadawas, Teh. Khinvsar Dist. Nagaur. (At Present Lodged In Sub Jail, Merta).

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


For Petitioner(s)        :     Mr. RS Choudhary
For Respondent(s)        :     Mr. BR Bishnoi, AGC
                               Mr.    Mahaveer     Bhanwaria                for
                               complainant



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

16/12/2021

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.158/2020

of Police Station Khinvsar, District Nagaur for the offence(s)

punishable under Section(s) 363, 366A, 342, 376(2)(N) IPC and

Section 5(L)/6 of 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 the earlier bail application of the petitioner, statement

of the prosecutrix has been recorded before the trial court as

PW-1. It is further submitted that though the prosecutrix, in her

examination in chief, has levelled allegations of abduction and

sexual assault against the petitioner, however, in her cross

(2 of 3) [CRLMB-14824/2021]

examination, she has specifically admitted that she has levelled

allegations against the petitioner in her statement recorded under

Section 164 Cr.P.C. on the instructions of her parents.

Learned counsel for the petitioner has further submitted that

from the evidence of the prosecutrix, it is clear that she has

levelled allegations of abduction and sexual assault against the

petitioner in her statement recorded under Section 164 Cr. P.C. on

the instructions of her parents. Learned counsel for the petitioner

has submitted that as a matter of fact, the prosecutrix lived with

the petitioner more than a month as per her own free will. It is

also submitted that in a habeas corpus petition filed before this

Court by the father of the prosecutrix, she has specifically stated

that she went with the petitioner as per her own free will and

nothing wrong has been done with her.

Learned counsel for the petitioner has, therefore, submitted

that in view of the above facts and circumstances of the case, it is

clear that the prosecutrix did not disclose the truth in her court

statement and has falsely implicated the petitioner in this case.

Learned Public Prosecutor as well as learned counsel for the

complainant have 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) -

Mahendra S/o Kanwara Ram shall be released on bail in

(3 of 3) [CRLMB-14824/2021]

connection with FIR No.158/2020 of Police Station Khinvsar,

District Nagaur 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

5-mohit/-

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