Kapil Punia vs State
2021 Latest Caselaw 11124 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9303/2021 Kapil Punia S/o Shri Madan Lal, Age 23 Years, R/o Dhani 13 Kjd, Gram Panchayat Madho Digi Tehsil Khajuwala, Police Station Khajuwala, District Bikaner (Raj.) (In Judicial Custody At Central Jail, Sri Ganganagar)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. J.S. Chaudhary, Sr. Adv. Assisted by Ms. Anu Chaudhary For Respondent(s) : Mr. Mukhtiar Khan, PP Mr. D.S. Thind for complainant

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 19/07/2021 This bail application has been filed under Section 439 Cr.P.C.

in connection with C.R. case No.88/2021 registered at Police

Station Mahila, Distt. Sri Ganganagar for offence under Section(s)

354(C), 376(2)(N) of IPC and Section 5(L)/6 of Protection of

Children from Sexual Offences Act-2012.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned Senior counsel appearing for the petitioner submits

that the prosecutrix is a major girl and had affairs with the boy for

last almost three years. It has come on record from the charge-

sheet that there were attempts to get the matter sorted out and

learned counsel appearing for the complainant pointed out that

there were also attempts to get marriage solemnized, however on

account of approach adopted by parents of the petitioner on the

(2 of 2) [CRLMB-9303/2021]

ground that they are cousins, the marriage could not be

solemnized. Learned counsel submits that both the girl and the

boy still have had continuous relations before the FIR was lodged.

Keeping in view the circumstances and that this FIR appears

to have been filed with the aforesaid/purpose, I am inclined to

release the petitioner on bail, and at the same time direct the

District Judge to get the mediation exercise conducted at his own

level between the parties.

Per contra, learned Public Prosecutor as well as counsel for

the complainant has opposed the bail application.

In view of above, the petitioner is directed to be released on

bail. Both the parties shall present themselves for the mediation

before the concerned District Judge on or before 02.08.2021.

Learned District Judge shall sent the matter for the mediation who

will attempt mediation and submit its report.

I have considered the submissions.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner Kapil Punia S/o Shri Madan Lal, be

released on bail under Section 439 Cr.P.C. in connection with

aforesaid C.R. provided the petitioner furnishes a personal bond of

Rs.50,000/- 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.

A copy of this order be sent to the concerned District Judge.

(SANJEEV PRAKASH SHARMA),J

47-amit/-

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