Bharat Kumar vs State
2021 Latest Caselaw 16907 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11077/2021

Bharat Kumar S/o Sohanlal, Aged About 32 Years, Society Nagar Pali, P.s. Industrial Area, Dist. Pali (Raj.). (Lodged In Central Jail, Jodhpur).

                                                                    ----Petitioner
                                     Versus
State, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. JVS Deora
For Respondent(s)          :     Mr. Mahipal Bishnoi, PP
For Complainant(s)         :     Mr. Naman Mohanot



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                  Judgment

12/11/2021

The petitioner has been arrested in connection with FIR

No.177/2021 of Police Station Pipadshahar Distt. Jodhpur for the

offence punishable under Sections 376, 376(2) of IPC and under

Section 3/4 of the POCSO Act. He has preferred this bail

application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the statement of the

prosecutrix has been recorded as PW-1 in which she deposed that

she went alongwith the petitioner in so many places. It is also

submitted that after considerable delay, she has lodged the FIR

against the petitioner and if anything happened, that was with the

consent of the prosecutrix. 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.

                                                                       (2 of 2)                     [CRLMB-11077/2021]



                                        Learned    Public     Prosecutor       as    well     as   learned   counsel

appearing for the complainant have 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, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Bharat Kumar S/o Sohan

Lal shall be released on bail in connection with FIR No.177/2021 of

Police Station Pipadshahar Distt. Jodhpur 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

11-CPGoyal/-

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