Kuldeep vs State Of Rajasthan
2021 Latest Caselaw 17330 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11218/2021

Kuldeep S/o Ashok Kumar, Aged About 19 Years, Veerpur Police Thana Ramsagda Dist. Dungarpur. (At Present At Dist. Jail, Dungarpur).

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


For Petitioner(s)          :     Mr. Jitendra Ojha
For Respondent(s)          :     Mr. Vikram Sharma. PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

20/11/2021

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.381/2020 of

Police Station Kotwali District Dungarpur for the offences

punishable under Sections 343, 363, 366, 366-A, 376(2) IPC and

Section 5, 6, 16, 17 of POCSO Act. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

charge-sheet has been filed by the police against the petitioner

relying on the statements of the prosecutirx recorded during the

course of police investigation. It is submitted that now, the

statements of the prosecutrix (PW-1), her mother (PW-2) and

father (PW-3) have been recorded before the trial court, however,

(2 of 2) [CRLMB-11218/2021]

in those statements, they have not supported the prosecution

story and turned hostile. Learned counsel for the petitioner has

submitted that once the principle witnesses have not supported

the prosecution story and turned hostile, it would be very difficult

for the prosecution to prove the guilt of the petitioner.

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 Kuldeep S/o

Ashok Kumar shall be released on bail in connection with FIR

No.381/2020 of Police Station Kotwali 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

Surabhii/63-

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