Citation : 2021 Latest Caselaw 9552 Raj
Judgement Date : 25 May, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6692/2021
Pankaj @ Rakesh S/o Valji, Aged About 28 Years, R/o Punjpur Falan Talaiya, Police Station, Aaspur, Dsitrict Dungarpur (Raj.) (Lodged At District Jail, Dungarpur).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Manoj Kumar Pareek, Adv.
through VC For Respondent(s) : Ms. Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
25/05/2021
The petitioner has been arrested in connection with FIR
No.29/2021 of Police Station Dovada, District Dungarpur for the
offence punishable under Sections 363, 366, 344, 376(2), 376(3)
IPC and Section 5/6 of POCSO Act. He has preferred this bail
application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the prosecutrix in her
statement recorded under Section 164 Cr.P.C. has specifically
deposed that the petitioner has not committed rape with her.
Challan of the case has already been presented. The accused-
petitioner is in judicial custody and the trial of the case will take
sufficient long time to be concluded. Therefore, the benefit of bail
should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail
application.
(2 of 2) [CRLMB-6692/2021]
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, the bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Pankaj @ Rakesh S/o Valji
shall be released on bail in connection with FIR No.29/2021 of
Police Station Dovada, District Dungarpur provided he executes a
personal bond in a sum of Rs.1,00,000/- with two sound and
solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J 61-MS/-
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