Ramesh S/O Chhitar Lal vs The State Of Rajasthan
2021 Latest Caselaw 7354 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                   19311/2021

Ramesh S/o Chhitar Lal, Aged About 27 Years, R/o Nipaniya Ps
Chhabra         Dist.   Baran     Raj.     (Present       Confined         In   Sub    Jail
Chhabara)
                                                                            ----Petitioner
                                         Versus
The State Of Rajasthan, Through Pp
                                                                          ----Respondent

For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

08/12/2021

1. Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 712/2019 was registered at Police Station

Chhabara, District Baran for offence under Sections 376(3), of

I.P.C. and Sections 3A, 4, 5m & 6 of POCSO Act.

3. It is contended by counsel for the petitioner that there is

delay of fourteen days in lodging of FIR. Victim and her parents

have turned hostile. Out of 22 witnesses, only 4 witnesses have

been examined till date. Petitioner has remained in custody for a

period of about two years. Conclusion of trial will take time.

4. Learned Public Prosecutor has opposed the second bail

application.

(2 of 2) [CRLMB-19311/2021]

5. I have considered the contentions.

6. Taking note of the fact that there is delay of fourteen days in

lodging of FIR. Victim and her parents have turned hostile. Out of

22 witnesses, only 4 witnesses have been examined. Petitioner

has remained in custody for a period of about two years, hence, I

deem it proper to allow the second bail application.

7. This second bail application is accordingly allowed and it is

directed that accused petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /24

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