Sunil @ Kritesh vs State
2021 Latest Caselaw 7819 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3442/2021

Sunil @ Kritesh S/o Shri Rajendra, Aged About 20 Years, R/o Jhamuda, Police Station Salumbar, District Udaipur, Rajasthan. (At Present Lodged In Central Jail Udaipur).

----Petitioner Versus The State of Rajasthan through the Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/03/2021

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.247/2020 of

Police Station Savina, District Udaipur for the offences punishable

under Sections 363, 366 and 376 IPC and Section 5/6 of POCSO

Act. He has preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that at the

time of alleged incident the age of the prosecutrix was 17 years

and she went with the petitioner as per her own free will. It is

submitted that the petitioner and the prosecutrix were known to

each other for quite some time and were in friendship. It is

submitted that the prosecutrix in her statement recorded under

Section 161 Cr.P.C. has admitted that she went with the petitioner

(2 of 2) [CRLMB-3442/2021]

as per her own free will. Learned counsel for the petitioner has

submitted that the petitioner has not done anything wrong with

the prosecutrix, however, the prosecutrix in her statement

recorded under Section 164 Cr.P.C. has levelled false allegation of

sexual assault against the petitioner under the pressure of her

family members. It is submitted that the charge-sheet has been

filed and the 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 - Sunil @ Kritesh

S/o Shri Rajendra shall be released on bail in connection with FIR

No.247/2020 of Police Station Savina, District Udaipur 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

Abhishek Kumar S.No.38

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