Suresh Kumar vs State
2021 Latest Caselaw 7951 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3504/2021

Suresh Kumar S/o Bhanwar Lal, Aged About 22 Years, By Caste Bheel, R/o Hajipur, Police Station Bhensroadgarh, District Chittorgarh.

(Presently Lodged In District Jail Chittorgarh).

----Petitioner Versus The State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Hukam Singh Chouhan For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

22/03/2021

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.69/2020 of Police

Station Bhensroadgarh, District Chittorgarh for the offences

punishable under Sections 363, 366-A and 376 IPC and Sections

3/4 and 16/17 POCSO 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 the prosecutrix and

sexual assault upon her are absolutely false. It is submitted that

the petitioner and the prosecutrix were in relationship and known

to each other. It is further submitted that the prosecutrix went

(2 of 2) [CRLMB-3504/2021]

with the petitioner as per her own free will and lived with him at

Mathura for many months.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after taking into consideration the statements of

the prosecutrix recorded under Sections 161 and 164 Cr.P.C.,

wherein she has admitted that she went with the petitioner as per

her own free will, 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 - Suresh Kumar

S/o Bhanwar Lal shall be released on bail in connection with FIR

No.69/2020 of Police Station Bhensroadgarh, 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

Abhishek Kumar S.No.51

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