Surajmal @ Suriya vs State
2021 Latest Caselaw 11611 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9249/2021

Surajmal @ Suriya S/o Sh. Natwarlal, Aged About 21 Years, R/o Hajarigura Bodimagari, Ps Parsola Dist. Pratapgarh. (At Present Lodged In District Jail, Pratapgarh).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra For Respondent(s) : Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

27/07/2021

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

in connection with FIR No.21/2020 registered at Police Station,

Parsola, Pratapgarh for offence under Section(s) 363, 366, 343,

376(2)(n) of IPC and Section 5/6 of POCSO Act, 2012.

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 has taken this Court to the

statement of the prosecutrix made under Section 164 Cr.P.C. who

states that the petitioner and the prosecutrix were living together

on their own free will and they are husband and wife and she is

now pregnant.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the nature of allegations and

although it is alleged that the prosecutrix is minor but there is no

(2 of 2) [CRLMB-9249/2021]

documentary proof except the certificate issued by the Head

Master mentioning her date of birth as 28.10.2004.

However taking into consideration, overall facts and

circumstances of the case 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 - Surajmal @ Suriya S/o Sh.

Natwarlal, 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

11-1/-saurabh

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