Heera Lal S/O Shri Ramdev vs State Of Rajasthan
2021 Latest Caselaw 1758 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                9007/2020

Heera Lal S/o Shri Ramdev, Aged About 36 Years, R/o Talab
Gaon Ps Hindoli Dist. Bundi Raj. (At Present Confined At Dist. Jail
Bundi)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Ashwani Kumar Chobisa For State : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/02/2021

1. Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 06/2019 was registered at Mahila Police Station,

Bundi for offence under Sections 363, 376, 120-B of I.P.C. and

Section3/4 of POCSO Act.

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

prosecutrix was recovered, in her first statement before the police,

she has stated that no wrong act has been done with her. It is also

contended that from the medical report, it is evident that the day

of the alleged offence, proseuctrix was above 18 and below 19

years of age and was major. It is also contended that brother of

prosecutrix has turned hostile. Petitioner has remained in custody

for a period of about two years.

(2 of 2) [CRLMB-9007/2020]

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, 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 /3

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