Amarjeet Singh @ Mani vs State
2021 Latest Caselaw 11030 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5388/2021

Amarjeet Singh @ Mani S/o Sukhdev Singh, Aged About 27 Years, R/o 6 M Police Thana Kesrisinghpur, District Sri Ganganagar. (At Present At Central Jail Sri Ganganagar).

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

16/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.224/2020 registered at Police Station,

Kesrisinghpur District Sriganganagar for offence under Section(s)

363 & 376 and Section 3/4 of POCSO Act.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that the

statement made earlier before the police under Section 161 Cr.P.C.

does not implicate the petitioner of having committed any rape

while after 10 days statement of the prosecutrix under Section

164 Cr.P.C. was recorded wherein she mentions of petitioner

committing rape on her. The petitioner is a 27-year-old boy and

charge-sheet has already been filed.

Learned Public Prosecutor opposes the bail application.

(2 of 2) [CRLMB-5388/2021]

I have considered the submissions and perused the challan

papers as well as the medical report of the prosecutrix who had

earlier refused to get herself medically examined, she has been

examined on 18.12.2020 i.e. after 12 days and there is no

reference given by the doctor.

Taking into consideration all the aforesaid aspects but

without commenting further on merits of the case, I deem it just

and proper to enlarge the petitioner on bail.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner - Amarjeet Singh @ Mani S/o

Sukhdev Singh, be released on bail under Section 439 Cr.P.C. in

connection with aforesaid FIR provided the petitioner furnishes a

personal bond of Rs.20,000/- with one surety in the like amount

to the satisfaction of the concerned Magistrate with the stipulation

that he shall comply with all the conditions laid down under

Section 437(3) Cr.P.C.

(SANJEEV PRAKASH SHARMA),J

7-1/-saurabh

Powered by TCPDF (www.tcpdf.org)