Kuldeep Singh @ Nanu vs State
2021 Latest Caselaw 5601 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1577/2021

Kuldeep Singh @ Nanu S/o Jhunjar Singh, Aged About 22 Years, Bagwas, P.s. Pratapgarh, District Pratapgarh, Rajasthan. (Lodge At Pratapgarh Jail).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Raghuveer Singh Bhati For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/02/2021 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.14/2021 of Police

Station Pratapgarh, District Pratapgarh for the offences punishable

under Sections 366, 363, 342, 120-B, 343 and 376 of the IPC and

3/4 and 5/6 of the POCSO Act 2012 read with 3(2)(V) of the

SC/ST Act. He has preferred this bail application under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegations against the petitioner of abduction and sexually assault

upon the prosecutrix are absolutely false. It is further submitted

that the mother of the petitioner - Laxmi Kunwar lodged an FIR

bearing No. 418 on 26.10.2020 at Police Station Pratapgarh

stating that Laxman Meena, Roop Singh, Gopal and Prakash

(2 of 3) [CRLMB-1577/2021]

barged into her house at 2.00 AM and thereafter assaulted her

and also attempted to commit rape upon her. It is also submitted

that the said accused persons have demanded Rs. 2,50,000/-

from her and also snatched her golden and silver chains worth Rs.

82,000/-. It is further submitted that in the said FIR charge-sheet

was filed against the three accused persons namely Laxman,

Gopal and Roop Singh, who happened to be the father and

brothers of the prosecutrix. It is also submitted that thereafter the

prosecutrix, in counter to the said FIR, lodged the FIR No.14/2021

against the petitioner levelling false allegation of abduction and

sexual assault. It is further submitted that prosecutrix in her

complaint, alleged that the incident took place on 26.08.2020

whereas the complaint regarding the same was lodged on

06.01.2021, however, no satisfactory explanation regarding the

same has been offered.

Per contra, 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 Kuldeep Singh @

Nanu S/o Jhunjar Singh shall be released on bail in connection

with FIR No.14/2021 of Police Station Pratapgarh, District

Pratapgarh 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

(3 of 3) [CRLMB-1577/2021]

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

16-akash/-

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