Vijay Kumar vs State Of Rajasthan
2021 Latest Caselaw 11616 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8823/2021

Vijay Kumar S/o Shri Badrinarayan, Aged About 35 Years, R/o Indra Colony, Police Station Kotwali, District Barmer (Raj.) (Presently Lodged In District Jail Barmer)

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

----Respondent

For Petitioner(s) : Mr. Surendra Bagmalani 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.84/2021 registered at Female Police

Station, Barmer, District Barmer for offence under Section(s) 363

& 376-D of IPC and Section 5(g)/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 submits that the

prosecutrix in her statement made under Section 164 Cr.P.C.

states of having gone with one Lalit and also states that she had

intercourse with Lalit while the petitioner is the person who had

taken her on his motor-cycle. There is no allegation against the

petitioner at any point of time in the statement. Thus, learned

counsel for the petitioner submits that he should be granted bail.

Learned Public Prosecutor opposes the bail application.

(2 of 2) [CRLMB-8823/2021]

Taking into consideration the statement of the prosecutrix

recorded under Section 164 Cr.P.C., 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 - Vijay Kumar S/o Shri

Badrinarayan, 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

4-1/-saurabh

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