Baliya @ Balvant vs State Of Rajasthan
2021 Latest Caselaw 6571 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2283/2021

Baliya @ Balvant S/o Dayal Bhai, Aged About 21 Years, R/o Koydam Police Thana Veerpur District Mahisagar Gujrat (At Present At Dist. Jail, Dungarpur).

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

----Respondent

For Petitioner(s) : Mr. Jintendra Ojha For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/03/2021 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.1/2021 of Police

Station Varda, District Dungarpur for the offences punishable

under Sections 363, 366, 376(2)/34 IPC and Section 5/6 of

POCSO Act. He has preferred this bail application under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of abduction of the prosecutrix

and sexually assaulting her is absolutely false. It is also submitted

that the petitioner neither abducted the prosecutrix nor sexually

assaulted her.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-2283/2021]

Having regard to the totality of the facts and circumstances

of the case and after going through the case diary and taking into

consideration the statements of the prosecutrix recorded under

Section 164 Cr.P.C. wherein she has specifically stated that 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 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 Baliya @ Balvant

S/o Dayal Bhai shall be released on bail in connection with FIR

No.1/2021 of Police Station Varda, District Dungarpur 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),J

25-akash/-

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