Hari Singh @ Vikram Singh vs State
2021 Latest Caselaw 17822 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15987/2021

Hari Singh @ Vikram Singh S/o Sh. Fateh Singh Rathore, Aged About 21 Years, R/o Hingwaniya, Akola Police Station, Chittorgarh, Dist. Chittorgarh. (Lodged In Dist. Jail, Chittorgarh).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Surendra Singh Shaktawat. For Respondent(s) : Mr. Mahipal Vishnoi, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

26/11/2021

Heard learned counsel for the petitioner and perused the

case file as well as material available on record.

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with F.I.R.

No.94/2021, Police Station Chittorgarh Sadar, District Chittorgarh

for the offences punishable under Sections 363, 366-A, 342, 376

of Indian Penal Code & under Section 3/4, 16/17 of POCSO Act.

Learned counsel for the petitioner submits that on perusal of

the statement of the prosecutrix, it would reveal that she went

along with the petitioner out of her own free will and she wants to

marry with the petitioner. If anything happened, that was with the

consent of prosecutrix. The challan has already been presented

and now no investigation is pending. The accused-petitioner is in

judicial custody and the trial of the case will take sufficient long

(2 of 2) [CRLMB-15987/2021]

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.

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 Hari Singh @ Vikram

Singh S/o Sh. Fateh Singh Rathore, shall be released on bail in

connection with F.I.R. No.94/2021, Police Station Chittorgarh

Sadar, District Chittorgarh, provided he executes a personal bond

in the sum of Rs.1,00,000/- with two sound and solvent surety 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

28-prashant/-

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