Deepak vs State Of Rajasthan
2021 Latest Caselaw 9706 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6975/2021

Deepak S/o Shri Rajuram Khatik, Aged About 21 Years, By Caste Khatik, R/o Subhash Ghat, Railway Station Road, Pipar City, Jodhpur, Rajasthan. (Presently Lodged In Jail Bikaner).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Kaushal Sharma (through VC) For Respondent(s) : Mr. SS Rajpurohit, PP For Complainant(s) : Ms. Reena Soni (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI (VACATION JUDGE)

Judgment / Order

03/06/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.46/2021 of Police

Station Kot Gate District Bikaner for the offences punishable under

Sections 363, 366, 376(2) (N), 376(3) IPC and Section 5 (J) (2)

(L) of the POCSO Act, 2012. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that from

the statements of proseutrix recorded under Section 164 CrPC, it

is clear that she was in love with the petitioner and has also

solemnized marriage with him. It is further submitted that at

present, the prosecutrix is residing in the house of the petitioner

only.

(2 of 2) [CRLMB-6975/2021]

Learned Public Prosecutor has opposed the bail application,

however, learned counsel appearing for the complainant has

verified the fact that the prosecutrix is living with the petitioner in

his house.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Deepak S/o Shri

Rajuram Khatik shall be released on bail in connection with FIR

No.46/2021 of Police Station Kot Gate District Bikaner provided he

executes a personal bond in a sum of Rs.50,000/- with two sound

and solvent sureties of Rs.25,000/- each to the satisfaction of

learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(VIJAY BISHNOI), VJ

Surabhii/19-

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