Sunil vs State
2021 Latest Caselaw 8528 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3720/2021

Sunil S/o Shri Dhan Ji, Aged About 19 Years, Aamjhara, Bichhiwara Police Station, District Dungarpur. (Lodged In District Jail, Dungarpur).

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

----Respondent

For Petitioner(s) : Mr. S.S. Shaktawat For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/03/2021 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.179/2020 of

Police Station Bichhiwara, District Dungarpur for the offences

punishable under Sections 363, 366, 342, 376(2)(3) of IPC and

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 the

allegations against the petitioner of abducting and sexually

assaulting the prosecutrix are absolutely false. It is argued that

the prosecutrix eloped with the petitioner as per her own free will,

however later on, under pressure of her family members she had

lodged this false FIR. It is further submitted that the charge-sheet

has been filed and trial of the case will take time.

(2 of 2) [CRLMB-3720/2021]

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 Sunil S/o Shri

Dhan Ji shall be released on bail in connection with FIR

No.179/2020 of Police Station Bichhiwara, 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

34-akash/-

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