Ganpat vs State Of Rajasthan
2021 Latest Caselaw 10501 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4961/2021

Ganpat S/o Hamera Bheel, Aged About 21 Years, Ramdev Ji Police Station Chotisadri, District Pratapgarh (Rajasthan). (At Present Lodged In Jail, Chittorgarh).

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. Swaroop Singh
For Respondent(s)        :     Mr. SK Bhati, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

09/07/2021

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.107/2019 of

Police Station Gangrar District Chittorgarh for the offences

punishable under Sections 363, 366, 343, 344 IPC and Section

5L/6 of POCSO Act 2012 in alternate 376(2) (N) of IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

minor victim and her mother i.e PW-1 and PW-2 respectively have

not supported the prosecution story and turned hostile. It is

further submitted that a Co-ordinate Bench of this Court while

taking into consideration the above circumstances has enlarged

(2 of 2) [CRLMB-4961/2021]

co-accused Mangilal on bail, therefore, the petitioner is also entitle

to be enlarged on bail.

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 Ganpat S/o

Hamera Bheel shall be released on bail in connection with FIR

No.107/2019 of Police Station Gangrar 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/113-

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