Maya Devi D/O Birdaram W/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 602 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Criminal Appeal No. 1637/2020

Smt Maya Devi D/o Birdaram W/o Shri Vinod, Aged About 23
Years, R/o Grarm Devkheda Police Station Jawaja, Distt. Ajmer.
(At Present Accused Confined In Central Jail Ajmer)
                                                                     ----Appellant
                                     Versus
1.        State Of Rajasthan, Through P.p.
2.        Lali Devi W/o Shri Rajuram, R/o Devkhera, Jawaja, Ajmer
          Raj.
                                                                  ----Respondents

For Appellant(s) : Mr. Rahul Agarwal present in the Court For Complainant(s) : Mr. Satish Kumar through VC For State : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

21/01/2021

1. Appellant has preferred this appeal aggrieved by order dated

28.10.2020 passed by Special Judge POCOS Cases, No.1, Ajmer

District Ajmer (Raj.), whereby, bail application filed by the

appellant under Section 439 Cr.P.C. was rejected.

2. F.I.R. No.328/2020 was registered at Police Station Jawaja

District Ajmer for offence under Sections 323, 341, 342, 363, 376,

376-D, 376(2)(n), 504, 506 I.P.C. and Sections 3, 4, 5l, 6 of

POCSO Act and Section 3(2)(v) of SC/ST Act.

3. It is contended by counsel for the appellant that there is an

inordinate delay of two years in lodging of the F.I.R. Appellant is a

female.

(2 of 2) [CRLAS-1637/2020]

4. Learned Public Prosecutor and counsel for the complainant

have opposed the appeal.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

appellant, I deem it proper to allow the appeal.

7. The order dated 28.10.2020 is quashed and set aside and

the appeal is, accordingly, allowed and it is directed that accused-

appellant shall be released on bail provided she 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 trial Court with the

stipulation that she shall appear before that Court and any Court

to which the matter be transferred, on all subsequent dates of

hearing and as and when called upon to do so.

(PANKAJ BHANDARI),J

ARTI SHARMA /85

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