Virendra vs State
2021 Latest Caselaw 6414 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 2261/2021

Virendra S/o Dhanraj, Aged About 18 Years, Nayagaon Surata

Police Thana Varda District Dungarpur. (At Present At Dist. Jail

Dungarpur).

----Petitioner Versus

State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha

For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.438/2020 of Police Station Sagwada, District

Dungarpur for the offence(s) punishable under Section(s)

363, 366, 342, 376(2)(n) IPC and Sections 3/4, 17 of the

POCSO Act. He/she/they has/have preferred this/these

bail application(s) under Section 439 Cr.P.C.

(2 of 3) [CRLMB-2261/2021]

Learned counsel for the petitioner has submitted that

allegations of abduction and sexually assaulting, levelled

against the petitioner, are absolutely false. It is submitted

that the prosecutrix left her house on her own free will

and the petitioner has not abducted or sexually assaulted

her.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and

circumstances of the case, after going through the case

diary, particularly taking into consideration the

statements of the prosecutrix recorded under Section 164

CrPC wherein, she has specifically stated that she went to

her friends place on her own free will and the petitioner

has not abducted her, without expressing any opinion on

the merits of the case, I deem it just and proper to grant

bail to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Virendra S/o Dhanraj shall be released on

bail in connection with FIR No.438/2020 of Police Station

Sagwada, District Dungarpur provided he/she/they

execute(s) a personal bond in the 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/her/their

(3 of 3) [CRLMB-2261/2021]

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),J

10-msrathore/-

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