Chotulal Bheel S/O Shri Kanwar Lal ... vs State Of Rajasthan
2021 Latest Caselaw 498 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                               15818/2020

Chotulal Bheel S/o Shri Kanwar Lal Bheel, R/o Junapani Ps Jawar
Dist. Jhalawar At Presently Residing At Gram Godalyahedi Ps
Kaithoon Dist. Kota Raj. (At Present Confined In Dist. Jail Kota)
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent

For Petitioner(s) : Mr. Pawan Kumar Verma For State : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

20/01/2021

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 153/2019 was registered at Police Station

Kaithoon, District Kota for offence under Section 376 of I.P.C. and

Section 3/4 of POCSO Act.

3. It is contended by counsel for the petitioner that prosecutrix

is aged seventeen years, but in the FIR it was mentioned as

fourteen years. It is contended that a false case has been

registered against the petitioner. It is revealed from the medical

examination that there were no signs of any recent sexual

intercourse. It is also contended that petitioner has remained in

custody for a period of one and a half years.

4. Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-15818/2020]

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is accordingly allowed and it is directed

that accused petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /97

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