Anil vs State
2021 Latest Caselaw 8150 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2771/2021

Anil S/o Bapu Lal, Aged About 20 Years, R/o Mandva Navaghara Police Thana Kotwali Dungarpur Dist. Dungarpur (At Present At Dist. Jail Dungarpur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

24/03/2021

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.06/2021 of Police

Station Kotwali District Dungarpur for the offences punishable

under Sections 344, 363, 366, 376(2) 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

allegations levelled against the petitioner of abducting and sexual

assault the proseuctrix are absolutely false. It is argued that the

petitioner and the prsoecutrix were in relation from quite

sometime and she eloped with the petitioner as per her own free

will.

(2 of 2) [CRLMB-2771/2021]

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after going through the case diary, it is clear that

as per the school record, age of the prosecutrix is more than

seventeen years on the date of incident and she, in her

statements, recorded under Sections 161 and 164 CrPC have

specifically asserted that she went with the petitioner as per her

own free will and also developed physical relationship with her

consent, 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 Anil S/o Bapu

Lal shall be released on bail in connection with FIR No.06/2021 of

Police Station Kotwali District Dungarpur 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/12-

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