Citation : 2021 Latest Caselaw 11873 Raj
Judgement Date : 29 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9275/2021
Pappu Ram S/o Sh. Bajrang Lal, Aged About 32 Years, Khariya, Tehsil Kuchaman, Dist. Nagaur. (At Present Lodged In Sub Jail, Merta).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vishal Sharma For Respondent(s) : Mr. Shiv Kumar Bhati assisted by Mr. Avinash Godara, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
29/07/2021
This bail application has been filed under Section 439 Cr.P.C.
in connection with FIR No.146/2021 registered at Police Station,
Kuchaman City, District Nagaur for offence under Section(s) 457,
323, 341, 376/511 of IPC and 7/8 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 an FIR was
registered against the accused-petitioner by the mother of the
prosecutrix on 05.07.2021, whereafter in counterblast an FIR was
registered by the father of the accused-petitioner against the
parents of the prosecutrix on 17.07.2021 for offences under
Sections 143, 452, 323, 427 & 504 of IPC.
(2 of 2) [CRLMB-9275/2021]
Learned counsel for the petitioner further submits that the
alleged incident is of 02.07.2021 and the allegation made in the
FIR registered against the petitioner are totally unreal and
unrealistic as the girl states that she was sleeping with her mother
on the same cot and the petitioner has tried to molest her in the
night.
Learned Public Prosecutor has opposed the bail application.
I have considered the submissions.
Taking into consideration the aforesaid circumstances, 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 - Pappu Ram S/o Sh. Bajrang 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.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.
(SANJEEV PRAKASH SHARMA),J
17-1/-saurabh
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