Narayan Lal vs State
2021 Latest Caselaw 17331 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10452/2021

Narayan Lal S/o Dal Chand, Aged About 21 Years, B/c Bairwa, R/o Jhabarkiya, Police Station Karoi, Dist. Bhilwara. (At Present Lodged In District Jail, Chittorgarh).

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


For Petitioner(s)        :     Mr. Abhishek Mehta
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.01/2021 of Police

Station Rashmi District Chittorgarh for the offences punishable

under Sections 363, 366 IPC and under Sections 5L/6 of POCSO

Act in alternate 376(2)(n) IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

charge-sheet against the petitioner was filed by the police mainly

on the basis of statements of prosecutirx. It is submitted that now

the statements of prosecutrix have been recorded before the trial

court as PW-1, however, she has not supported prosecution story

and turned hostile. It is also submitted that she has specifically

(2 of 2) [CRLMB-10452/2021]

stated in her statements that the petitioner has not abducted or

sexually assaulted her. Learned counsel for the petitioner has

submitted that in view of the fact that main witness has not

supported 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 Narayan Lal S/o

Dal Chand shall be released on bail in connection with FIR

No.01/2021 of Police Station Rashmi District Chittorgarh 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/45-

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