Tarun Sain vs State
2021 Latest Caselaw 4942 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2577/2021

Tarun Sain S/o Shri Prem Kumar, Aged About 22 Years, R/o. House No.643, Sain Colony, Gali No.16, Chandna Bhakar, Jodhpur At Present R/o Rented House Of Om Singh Sodha, Vishawkarma Colony, Hudco Quarter Pratapnagar, Jodhpur (Raj.).

(At Present Lodged In Central Jail Jodhpur).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. P.S. Chundawat For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

For Complainant(s)         :     Mr. Ajay Vyas



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

22/02/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.368/2020 of

Police Station Pratapnagar, District Jodhpur for the offences

punishable under Sections 376-D and 384 IPC and Section 3/4 of

POCSO Act, 2012. 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 submitted that the prosecutrix is in friendship with the

petitioner for quite some time, however, when her family members

(2 of 2) [CRLMB-2577/2021]

came to know about the same, they pressurized her to lodge false

complaint against him. It is submitted that the charge-sheet has

been filed and the trial of the case will take time.

Learned Public Prosecutor as well as learned counsel for the

complainant have 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 - Tarun Sain S/o

Shri Prem Kumar shall be released on bail in connection with FIR

No.368/2020 of Police Station Pratapnagar, District Jodhpur

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.40

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