Anil vs State
2021 Latest Caselaw 2641 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1415/2021

Anil S/o Gaba, Aged About 21 Years, R/o Rohaneya, Police Thana Anandpuri, Dist. Banswara. (Accused Lodge At Dist. Jail, Banswara).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/02/2021

Heard learned counsel for the parties and perused

the material available on record.

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

No.19/2020 of Police Station Sallopat, Distt. Banswara for

the offence(s) punishable under Section(s) 363, 366,

376(2)(dha) IPC and Sections 5(tha)/6, 5(j)(ii)/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

allegations of abduction and sexual assault levelled

against the petitioner are absolutely false. It is submitted

that the prosecutrix is more than 16 years of age and she

went with the petitioner on her own free will, however

later on, she gave statements against the petitioner

under the pressure of her family members. It is also

(2 of 2) [CRLMB-1415/2021]

submitted that the prosecutrix, under presssure, has

tried to implicate several other family members of the

petitioner but from the charge-sheet, it is clear that the

police have not filed charge-sheet against those persons

and from this fact itself, it can be gathered that the case

of the petitioner is false. It is submitted that charge-

sheet has been filed and trial of the case is likly 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

petitioner(s) - Anil S/o Gaba shall be released on bail in

connection with FIR No.19/2020 of Police Station

Sallopat, Distt. Banswara 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

ms rathore

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