Bhanwar Lal @ Raju vs State
2021 Latest Caselaw 11231 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8642/2021

Bhanwar Lal @ Raju S/o Bheru Lal, Aged About 23 Years, R/o Dotadi Kheda, Police Station Bhadesar, District Chittorgarh (Rajasthan) (At Present Lodged In District Jail Chittorgarh)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Rajesh Kumar For Respondent(s) : Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

20/07/2021

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

in connection with FIR No.89/2021 registered at Police Station,

Sadar, Chittorgarh for offence under Section(s) 363, 366 & 376 of

IPC and Sections 3/4, 16/17 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 charge-

sheet has already been filed. The prosecutrix is 17 years and 8

months old at the time when she went with the petitioner and her

willingness can be seen from the statements recorded under

Section 161 Cr.P.C. and Section 164 Cr.P.C. and she had stayed

several months with the petitioner without any objection.

Learned Public Prosecutor has opposed the bail application.

I have considered the submissions.

(2 of 2) [CRLMB-8642/2021]

Taking into consideration the statement as noticed above,

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 - Bhanwar Lal @ Raju S/o Bheru

Lal, 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

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