Citation : 2021 Latest Caselaw 7267 Raj
Judgement Date : 15 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2255/2021
Karan Singh S/o Shri Abhay Singh, Aged About 26 Years, By Caste Rajput, R/o Bhato Ka Minnana, Police Station Nikumbh, District Chittorgarh. (At Present Lodged In District Jail Chittorgarh).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
15/03/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.64/2020 of Police Station Nikumbh, District
Chittorgarh for the offence(s) punishable under
Section(s) 363, 366, 376, 376(2)(N) IPC and Sections
5/6(J)(ii), 5/6 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
allegations of abduction and sexual assault, levelled
against the petitioner, are absolutely false. It is argued
that the prosecutrix went with the petitioner on her own
(2 of 2) [CRLMB-2255/2021]
free will, however, her mother has lodged this false FIR
against him.
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 the statements of the prosecutrix
recorded under Sections 161 and 164 CrPC wherein, she
has admitted that she went with the petitioner on her
own free will and solemnized marriage with him, 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) - Karan Singh S/o Shri Abhay Singh shall be
released on bail in connection with FIR No.64/2020 of
Police Station Nikumbh, District Chittorgarh 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
15-msrathore/-
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