Citation : 2021 Latest Caselaw 7059 Raj
Judgement Date : 10 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14421/2020
Jangbahadur S/o Sh. Lalgiridas, Aged About 16 Years, By Caste Das, R/o Bhagwatipur Andama Post - Lehariya Sahrai Police Station Fokhla, District Darbhanga, Bihar, At Present Gali No. 4, Ward No. 3, Khada Basti, Behind Tower, Near Shani Temple, Purani Abadi, Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Gyan Jyoti Gupta For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
10/03/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.128/2019 of Police Station Mahila, Sri Ganganagar for
the offence(s) punishable under Section(s) 376-AB IPC
and Section 5(M)/6 of the POCSO Act. He/she/they
has/have preferred this/these bail application(s) under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
from the statements of the complainant, it is clear that
the petitioner had touched private part of the minor girl
accidentally. It is submitted that the petitioner had no
intention to commit the crime and as he was known to
(2 of 2) [CRLMB-14421/2020]
the parents of minor girl, he used to visit their house and
by chance touched her private part, however, due to
misunderstanding, this case has been filed against him. It
is submitted that petitioner is in custody since long and
trial of the case is likely to take time.
Learned Public Prosecutor has opposed the bail
application(s).
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 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) - Jangbahadur S/o Sh. Lalgiridas shall be
released on bail in connection with FIR No.128/2019 of
Police Station Mahila, Sri Ganganagar 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 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
2-msrathore/-
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