Vinod Kumar Yadav vs State Of Rajasthan
2021 Latest Caselaw 7063 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2952/2021

Vinod Kumar Yadav S/o Durga Prasad Rai, Aged About 30 Years, B/c Yadav, R/o Chakiya, Town Maker, Saran Dist. Chapra, Bihar. At Present Tenant In House Of Virendra Yadav, Shramik Colony, P.s. Basni, Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

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

----Respondent

For Petitioner(s) : Mr. Jaidev Singh Bhati For Respondent(s) : Mr. Shrawan Bishnoi, 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.0095/2020 of Police Station Basni, Jodhpur for the

offence(s) punishable under Section(s) 376 A, B, 376(3)

IPC and Sections 3, 4, 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

the complainant, his wife and minor victim have not

supported the prosecution story and turned hostile. It is

submitted that when the important prosecution witnesses

have not supported the prosecution story and turned

(2 of 2) [CRLMB-2952/2021]

hostile, it would be very difficult for the prosecution to

prove guilt of the petitioner.

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) - Vinod Kumar Yadav S/o Durga Prasad Rai

shall be released on bail in connection with FIR

No.0095/2020 of Police Station Basni, Jodhpur 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

25-msrathore/-

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