Pursingh @ Mohansingh vs State Of Rajasthan
2021 Latest Caselaw 8360 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2877/2021

Pursingh @ Mohansingh S/o Prem Singh, Aged About 20 Years, By Caste Rjaput, R/o Champa Ki Bhagal Kariya, Police Station Kelwara, District Rajsamand. (Presently Incarcerated In District Jail Rajsamand).

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. Naresh Singh
For Respondent(s)        :     Mr. A.R. Choudhary, P.P.



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

25/03/2021

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.15/2021 of Police

Station Kelwara, District Rajsamand for the offences punishable

under Sections 363, 366-A, 376 of IPC and Section 3/4 of POCSO

Act. He has preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation levelled against the petitioner of sexual assault is

absolutely false. It is argued that the date of birth of the

prosecutrix is 10.08.2003 and she was more than 17 years of age

at the time of incident. It is also submitted that the prosecutrix

eloped with the petitioner on 01.01.2021 and lived with him for

(2 of 2) [CRLMB-2877/2021]

around a month in Mumbai. It is further submitted that the

relations between the petitioner and the prosecutrix were

consensual.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after perusing the case diary wherein the

prosecutrix in her statements recorded under Section 164 Cr.P.C.

has stated that she went with the petitioner as per her own free

will and lived in Mumbai, 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 Pursingh @

Mohansingh S/o Prem Singh shall be released on bail in

connection with FIR No.15/2021 of Police Station Kelwara, District

Rajsamand 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

8-akash/-

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