Baldev Singh Rawat vs State Of Rajasthan
2021 Latest Caselaw 6031 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 2800/2021

Baldev Singh Rawat S/o Chagan Singh, Aged About 19 Years, Handpump Vali Gali Pratapnagar, Ajmer, Police Station Civil Line, At Present Manpura, Police Station Masuda, District Ajmer (Raj.). (Lodged In District Jail, Bhilwara).

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


For Petitioner(s)         :     Mr. J.V.S. Deora
For Respondent(s)         :     Mr. Gaurav Singh, PP



             HON'BLE MR. JUSTICE SANDEEP MEHTA

                                 Judgment

01/03/2021

This is a second bail application filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.148/2020, Police Station Mandalgarh, District Bhilwara for

offences under Sections 363, 366, 376(2)(N), 376(3) of the IPC

and Sections 3/4(ii), 5(L)/6 of the POCSO Act and Section 3(1)(W)

and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

The first application for bail submitted on behalf of the

petitioner was dismissed by this Court vide order dated

09.10.2020 giving liberty to the petitioner to file a fresh bail

application after recording of the evidence of the victim. Now, the

statement of the victim Mst. 'I' as well as Bhanwarlal, Principal of

(2 of 3) [CRLMB-2800/2021]

the school from where her scholar register etc. were issued have

been recorded by the trial court.

Suffice it to say that Bhanwarlal (PW.2) admitted in

his cross-examination that there exist numerous cuttings in the

age related entries made regarding the victim in the school

record. The victim PW.1 admitted in the examination-in-chief that

she was married to Sanwar Bheel about five years ago. She was

familiar to Baldev and used to talk to him through her mother's

mobile. On the offer of Baldev, she accompanied him in a bus,

went to Ajmer from where both went to Jaipur and then on to

Malpura and Jodhpur. They took a house on rent at Boranada,

Jodhpur and stayed together as husband and wife for about one

month. In cross-examination, the victim admitted that her father

disclosed that her age was 15 years and that is why, she had

stuck to this version and that all the assertions made by her, were

on the instructions of her father. The petitioner is a young boy,

aged 19 years.

In view of the material facts noted above appearing in the

evidence of the material witnesses but without commenting on the

merits of the case, I am of the opinion that the petitioner deserves

indulgences of bail in this case.

Accordingly, this second bail application is allowed and it is

directed that the accused-petitioner Baldev Singh Rawat S/o Shri

Chagan Singh arrested in connection with the F.I.R. No.148/2020

registered at Police Station Mandalgarh, District Bhilwara shall be

released on bail provided he furnishes a personal bond of

(3 of 3) [CRLMB-2800/2021]

Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(SANDEEP MEHTA),J 108-Sudhir Asopa/-

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