Kailash vs State Of Rajasthan
2021 Latest Caselaw 8155 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3416/2021

Kailash S/o Shambhu, Aged About 21 Years, Kadeliya, Police Thana Kotwali, District Banswara (Rajasthan). (Presently Lodged In District Jail Banswara).

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. Vinay Kumar
For Respondent(s)        :     Mr. A.R. Choudhary, P.P.



            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.209/2020 of

Police Station Sadar, District Banswara for the offences punishable

under Sections 363, 366, 343, 376(2)(dha), 376(3) IPC and

5(tha)/6, 3/4(2), POCSO Act. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that from

the statements of the prosecutrix recorded under Sections 161

and 164 Cr.P.C., it is clear that she herself stated that she went

with the petitioner as per her own free will, however, now in her

Court statements she has not supported her earlier version and

levelled allegation of abduction and sexual assault against the

petitioner under pressure of her family members. It is further

(2 of 2) [CRLMB-3416/2021]

submitted that the evidence by the prosecutrix before the trial

court is not reliable

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 Kailash S/o

Shambhu shall be released on bail in connection with FIR

No.209/2020 of Police Station Sadar, 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

55-akash/-

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