Arjun Kumar vs State Of Rajasthan
2021 Latest Caselaw 11615 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8944/2021

Arjun Kumar S/o Sh. Devaram, Aged About 34 Years, R/o Tiloda, Police Station - Bagoda, District Jalore (Raj.) (Presently Lodged In District Jail, Jalore)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Kumar Shah 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.88/2021 registered at Police Station,

Bagoda, District Jalore for offence under Section(s) 458, 363, 366,

342 & 376(2)(N) of IPC and Section 3/4 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 submits that a Missing

Person Report (in short, "MPR") was submitted by the father of the

prosecutrix on 25.12.2020 wherein he mentioned the age of the

girl as 18 years and also submitted birth certificate which

mentions the date of birth as 28.06.2002. Later on almost after

six months an FIR was registered on 12.06.2021 making

allegations against the petitioner of having raped her and kept her

with him for two days. Learned counsel further submits that the

(2 of 2) [CRLMB-8944/2021]

MPR was withdrawn by the father when the girl came back after

two days and she also stated the aforesaid facts in the statement

under Section 164 Cr.P.C.

Learned Public Prosecutor has opposed the bail application.

I have considered the submissions and perused the case

diary and also the statement of the prosecutrix as well as the

earlier MPR registered at police station Bagoda by the father of the

prosecutrix and also taking into consideration the birth certificate

issued by the authorities dated 07.09.2011 showing the date of

birth of prosecutrix as 28.06.2002, 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 - Arjun Kumar S/o Sh. Devaram,

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

8-1/-saurabh

Powered by TCPDF (www.tcpdf.org)