Dinesh vs State
2021 Latest Caselaw 8522 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 3782/2021

Dinesh S/o Kailash, Aged About 19 Years, R/o Edawa Tehsil Degana, Dist. Nagaur. (Lodged In Sub Jail Merta Dist. Nagaur)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Awar Dan Ujjwal For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.88/2020 of Police Station Padukala, District Nagaur

for the offence(s) punishable under Section(s) 363, 366,

376(2)(N), 376(3) IPC and Section 5(L)/6 of the POCSO

Act. He/she/they has/have preferred this/these second

bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations of abduction and sexual assault, levelled

against the petitioner, are absolutely false. It is argued

that complainant - Suresh, in his suppelmentary

statements recorded under Section 161 CrPC, has

specifically stated that his sister eloped with the

petitioner on her own free will and when they located

(2 of 2) [CRLMB-3782/2021]

both of them and asked his sister to come with them, she

refused and said that she will live with the petitioner only.

It is submitted that there is a delay of around 12 days in

filing the complaint against the petitioner. It is submitted

that charge-sheet has been filed and trial of the case is

likely to take time.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Dinesh S/o Kailash shall be

released on bail in connection with FIR No.88/2020 of

Police Station Padukala, District Nagaur provided

he/she/they execute(s) a personal bond in the 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/her/their 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

49-msrathore/-

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