Chetan Kumar vs State Of Rajasthan
2021 Latest Caselaw 7269 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2114/2021

Chetan Kumar S/o Sh. Madan Lal Rawat, Aged About 21 Years, R/o H-119, Behind Krishi Upaj Mandi, R.K. Colony, Bhilwara. At Present Resident At The House Of Laxmi W/o Late Shiv Narayan Sharma As A Tenant, R.K. Colony, Bhilwara (Raj.). (At Present Lodged In District Jail, Bhilwara).

----Petitioner Versus

1. The State Of Rajasthan.

2. Smt. Prem Devi Bhambhi W/o Trilok Bhambhi, Aged About 43 Years, R/o H-140, R.K. Colony, P.s. Subhash Nagar, Bhilwara (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. Rakesh Matoria
For Respondent(s)        :     Mr. A.R. Choudhary, P.P.



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

15/03/2021

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.386/2020 of

Police Station Subhash Nagar, District Bhilwara for the offences

punishable under Sections 363, 366, 376 IPC, Section 3/4, 11/12

of POCSO Act and Sections 3(1)(W)(II), 3(2)(V) SC/ST Act. He

has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegations against the petitioner of abduction and sexual assault

are absolutely false. It is argued that the prosecutrix in her

statements recorded under Section 164 Cr.P.C. has clearly stated

(2 of 2) [CRLMB-2114/2021]

that she went with the petitioner on her own free will and the

petitioner had developed physical relationship with the prosecutrix

with her consent. It is further submitted that the prosecutrix in

her statements recorded under Section 161 Cr.P.C. had stated the

same version, however, later on under the pressure of her family

members, in her supplementary statements, she had levelled false

allegations of abduction and sexual assault. It is also submitted

that charge-sheet has been filed and trial of the case will take

time.

Learned Public Prosecutor has opposed the bail application.

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 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 Chetan Kumar

S/o Sh. Madan Lal Rawat shall be released on bail in connection

with FIR No.386/2020 of Police Station Subhash Nagar, District

Bhilwara 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

11-akash/-

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