Manohar Singh vs State Of Rajasthan
2021 Latest Caselaw 2312 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1246/2021

Manohar Singh S/o Amar Singh, Aged About 23 Years, B/c Rawat Meena, R/o Gopal Ji Ka Kheda, Khadevla, Police Station Badisadri, Dist. Chittorgarh. (At Present Lodged In District Jail, Chittorgarh).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Rajesh Kumar
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

28/01/2021

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.190/2020 of

Police Station Badi Sadri District Chittorgarh for the offences

punishable under Sections 363, 366, 376 IPC and Section 3/4 of

POCSO Act. He has preferred this bail application under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that at the

time of incident, the age of prosecutrix was seventeen years and

six months. It is submitted that in her statements recorded under

Sections 161 and 164 CrPC, prosecutrix has specifically stated

that she went with the petitioner as per her own free will and lived

(2 of 2) [CRLMB-1246/2021]

with him as his wife. It is further submitted that charge-sheet has

been filed and 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 Manohar Singh

S/o Amar Singh, shall be released on bail in connection with FIR

No.190/2020 of Police Station Badi Sadri District Chittorgarh

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

Surabhii/75-

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