Sunder S/O Jhandel Singh vs State Of Rajasthan
2021 Latest Caselaw 1460 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Third Bail Application No.
                                 66/2021

Sunder S/o Jhandel Singh, Resident Of Ikran Police Station
Chiksana,     District Bharatpur        (Raj.) (Presently Confined           At
Central Jail, Alwar)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Kapil Gupta
For Complainant(s)       :     Mr. Khizer Iqbal Khan with Mr.
                               Mahendra Sharma
For State                :     Mr. Riyasat Ali, PP



            HON'BLE MR. JUSTICE PANKAJ BHANDARI

                         Judgment / Order

10/02/2021

1. Petitioner has filed this third bail application under Section

439 Cr.P.C.

2. F.I.R. No.521/2018 was registered at Police Station Udyog

Nagar, Alwar for offence under Sections 363, 376DA I.P.C. and

Sections 5 & 6 of POCSO Act.

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

missing person report was lodged by father of prosecutrix. It is

contended that the allegation in the F.I.R. was with regard to gang

rape. Further charge-sheet has been filed only against the present

petitioner. Now the Court has allowed the application under

Section 319 of Cr.P.C. and has taken cognizance against co-

accused, which order has been stayed by the High Court. It is

(2 of 2) [CRLMB-66/2021]

further contended that there are as many as twenty seven

witnesses, out of which statement of only prosecutrix has been

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

of two years. Petitioner is a young boy, aged twenty years.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the third bail application. It is contended that from

the statement recorded under Section 164 Cr.P.C., it is revealed

that petitioner alongwith other co-accused has committed rape

with the prosecutrix.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the third bail application.

7. This third 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 trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

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

so.

(PANKAJ BHANDARI),J

ARTI SHARMA /36

Powered by TCPDF (www.tcpdf.org)