Brijmohan S/O Dhanna Lal Meghwal vs State Of Rajasthan
2021 Latest Caselaw 1627 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               10822/2020

Brijmohan S/o Dhanna Lal Meghwal, R/o Vill. Glana Ps Kaithoon
Dist. Kota (Accused Petitioner In J.c. At Central Jail Kota)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Amit Dadhich
For State                 :     Mr. Deshraj Gosingha, PP



            HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

15/02/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.596/2019 was registered at Police Station Udyog

Nagar for offence under Section 363 I.P.C.

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

in her statement has stated that she went on her own free will and

stayed with the petitioner. She has also mentioned that she

became pregnant and has now married the petitioner.

4. Learned Public Prosecutor has opposed the bail application.

It is contended that prosecutrix admittedly is a child. She was

kidnapped from lawful guardianship and consent is immaterial in

case of minor.

5. I have considered the contentions.

(2 of 2) [CRLMB-10822/2020]

6. Considering the contentions put forth by counsel for the

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

7. This 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

NIKHIL KR. YADAV /5

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