Kanhaiyalal @ Kishan Lal vs State Of Rajasthan
2021 Latest Caselaw 19478 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 16037/2021

Kanhaiyalal @ Kishan Lal S/o Shri Bheru Lal Ahir, Aged About 24 Years, R/o Pilakheda, P.s. Dungla, District Chittorgarh. (At Present Lodged In District Jail, Chittorgarh)

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

----Respondent

For Petitioner(s) : Mr. Vikram Singh Rajpurohit For Respondent(s) : Mr. Mool Singh Bhati, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

20/12/2021

Heard learned counsel for the parties and perused

the material available on record.

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

No.73/2021 of Police Station Dungla, Chittorgarh, Distt.

Chittorgarh for the offence(s) punishable under

Section(s) 376 IPC and Section 5/6 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

allegation of sexual assault, levelled against the

petitioner, is absolutely false. It is argued that prosecutrix

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and the petitioner were in relationship from last so many

years and decided to solemnize marriage, however, when

family members of the prosecutrix came to know about

their relationship, they pressurized the prosecutrix to

lodge a false complaint against the petitioner. Learned

counsel while inviting my attention towards the

documents i.e. letters, whatsapp chats and photographs,

exchanged in-between the petitioner and the prosecutrix,

which are annexed with the charge-sheet, has submitted

that from the said evidence, it is clear that relationship

between the prosecutrix and the petitioner was

consensual. It is further submitted that at the time of

filing of the complaint, the prosecutrix was major;

charge-sheet has been filed and trial of the case is likely

to take time.

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 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

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petitioner(s) - Kanhaiyalal @ Kishan Lal S/o Shri Bheru

Lal Ahir shall be released on bail in connection with FIR

No.73/2021 of Police Station Dungla, Chittorgarh, Distt.

Chittorgarh 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

62-msrathore/-

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