Prabhu vs State Of Rajasthan
2021 Latest Caselaw 7720 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3243/2021

Prabhu S/o Heera, Aged About 26 Years, Daulat Singh Ka Gada, Motagaon Police Station, District Banswara. (Lodged In District Jail, Banswara).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Bhawani Singh Mertia For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/03/2021

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.109/2019 of

Police Station Motagaon District Banswara for the offences

punishable under Sections 363, 366, 323, 376[3] IPC and under

Section 3/4 of POCSO Act. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

police have filed charge-sheet against the petitioner only on the

basis of statements of prosecutrix recorded during the course of

police investigation. It is argued that now the statements of

prosecutrix have been recorded before the trial court as PW-2,

however, she has not supported the prosecution story and turned

(2 of 2) [CRLMB-3243/2021]

hostile. It is argued that the important witness has not supported

the prosecution story and turned hostile, it would be very difficult

for the prosecution to prove the guilt of the petitioner.

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 Prabhu S/o

Heera shall be released on bail in connection with FIR

No.109/2019 of Police Station Motagaon District Banswara

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

Surabhii/33-

Powered by TCPDF (www.tcpdf.org)