Omprakash @ Prakash vs State Of Rajasthan
2021 Latest Caselaw 2328 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1202/2021

Omprakash @ Prakash S/o Manaram, Aged About 24 Years, Lalji Ki Dungari, Tehsil Chitalwana, District Jalore (Raj.). (Lodged In Sub Jail Balotra).

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

                                                                 ----Respondent


For Petitioner(s)          :    Mr. JVS Deora
For Respondent(s)          :    Mr. Mohd. Javed Gauri, PP



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

28/01/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.164/2020 of Police Station Sedwa, District Barmer for

the offence(s) punishable under Section(s) 363, 366A,

376(3), 376(2)(N) IPC and Sections 3/4(2) and 5/(L)/6 of

the POCSO Act. He/she/they has/have preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations of abduction and sexual assault levelled

against the petitioner are absolutely false. It is further

submitted that during the course of police investigation,

all the witnesses have clearly stated that the prosecutrix

was married to the petitioner and she went with him on

her own free will. It is also submitted that even during

(2 of 2) [CRLMB-1202/2021]

the course of police investigation, the complainant party

have clearly stated that they do not want to continue with

the complaint filed against the petitioner. It is submitted

that charge-sheet has been filed and trial of the case is

likely to take time.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Omprakash @ Prakash S/o Manaram shall

be released on bail in connection with FIR No.164/2020

of Police Station Sedwa, District Barmer provided

he/she/they execute(s) a personal bond in the 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/her/their 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

46-msrathore/-

Powered by TCPDF (www.tcpdf.org)