Shanti Lal vs State
2021 Latest Caselaw 7827 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3133/2021

Shanti Lal S/o Lt. Sh. Tulsi Ram, Aged About 24 Years, B/c Gayari, R/o Chatro Ka Kheda, P.S. Mandfiya, Dist. Chittorgarh. (Lodged In Dist. Jail, Chittorgarh).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Rakesh Kumar
For Respondent(s)        :     Mr. A.R. Choudhary, 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.136/2020 of

Police Station Mandfiya, District Chittorgarh for the offences

punishable under Sections 363, 366, 376 of IPC and Section 3/4,

16/17 of POCSO Act, 2012.He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that though

the age of the prosecutrix is less than 16 years but in her

statements recorded under Sections 161 Cr.P.C and 164 Cr.P.C.,

she has specifically stated that she went with the petitioner on her

own free will. She has also stated in her statements recorded

under Section 164 Cr.P.C, that the petitioner did not commit

(2 of 2) [CRLMB-3133/2021]

anything wrong with her. It is further 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 Shanti Lal S/o

Lt. Sh. Tulsi Ram shall be released on bail in connection with FIR

No.136/2020 of Police Station Mandfiya, District Chittorgarh

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

16-akash/-

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