Rajnesh Kumar vs State Of Rajasthan
2021 Latest Caselaw 5152 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1390/2021

Rajnesh Kumar S/o Dhuleshwar, Aged About 26 Years, R/o Bilak, Kikawat Fala Rakda, PS Rishabhdev, District Udaipur, Rajasthan. (Presently Lodged In Central Jail, Udaipur).

                                                                     ----Petitioner
                                      Versus
State Of Rajasthan
                                                                   ----Respondent


For Petitioner(s)          :     Mr. Ram Singh Rawal
For Respondent(s)          :     Mr. Vikram Sharma, P.P.



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

23/02/2021

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.242/2020 of

Police Station Rishabhdev, District Udaipur for the offences

punishable under Sections 363, 376 and 344 IPC and Sections 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 as per

the prosecution story, the prosecutrix left her house on

07.09.2020. It is submitted that in respect of the same a missing

person report was lodged and in that proceedings, the prosecutrix

herself appeared before the police at Police Station Rishabhdev,

District Udaipur on 09.10.2020 and clearly stated that she left her

house as per her own free will and started living at Udaipur in a

(2 of 3) [CRLMB-1390/2021]

rented room. It is also submitted that the prosecutrix has also

stated that she annoyed with her parents, therefore, she left her

house and nobody abducted her. It is further submitted that the

prosecutrix has also admitted that she was in love with the

petitioner but did not allege that he abducted her. It is also

submitted that later on, in the FIR registered on 01.10.2020, the

police recorded the supplementary statements of the prosecutrix

on 29.10.2020, wherein she has levelled allegations of abduction

and sexual assault against the petitioner and also reiterated the

same in her statements recorded under Section 164 Cr.P.C.

Learned counsel for the petitioner has argued that as per the

school record, the date of birth of the prosecutrix is 10.09.2002

and as such at the time of recording of her first statements under

Section 161 Cr.P.C. on 09.10.2020, she was major and has not

levelled any allegations against the petitioner but later on, has

levelled allegations of abduction and sexual assault against the

petitioner under the pressure of her family members. 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 - Rajnesh Kumar

S/o Dhuleshwar shall be released on bail in connection with FIR

No.242/2020 of Police Station Rishabhdev, District Udaipur

(3 of 3) [CRLMB-1390/2021]

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.25

Powered by TCPDF (www.tcpdf.org)