Rajasthan High Court - Jodhpur
Anil vs State Of Rajasthan on 5 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1726/2021
Anil S/o Shri Chandrakant Ji, Aged About 26 Years, R/o Piparda,
Police Station Rajnagar, District Rajsamand At Present Residing
At Sundarwas, Udaipur.
(At Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
The State Of Rajasthan through the Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/02/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.568/2020 of
Police Station Pratap Nagar, District Udaipur for the offences
punishable under Sections 376, 459, 323 IPC and Sections 3, 4
and 6 of POCSO Act. He has preferred this bail application under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
allegation against the petitioner of sexual assault is absolutely
false. It is argued that in the complaint as well as in police
statements, the prosecutrix has alleged that the petitioner
sexually assaulted her for the first time in the year 2016 and
thereafter was regularly committing the same. It is also submitted
(2 of 2) [CRLMB-1726/2021]
that at present the prosecutrix is around 19 years of age and as a
matter of fact when the petitioner reached her house in the night,
her family members came to know about the same and tried to
catch hold him but he ran away from there then the prosecutrix
under the pressure of her family members has lodged this false
report against him. It is submitted that the charge-sheet has been
filed and the trial of the case will 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 accused
petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner - Anil S/o Shri
Chandrakant Ji shall be released on bail in connection with FIR
No.568/2020 of Police Station Pratap Nagar, District Udaipur
provided he executes a personal bond in a 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 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
Abhishek Kumar
S.No.38
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