Raj Bihari @ Raj Shah vs State Of Rajasthan
2021 Latest Caselaw 17919 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 14434/2021

Raj Bihari @ Raj Shah S/o Mangal Shah, Aged About 20 Years, R/o Balhari, P.s. Sasaram Bihar, At Present Aamliya Bavji Road, Nimbaheda, P.s. Kotwali, Nimbaheda, Distt. Chittorgarh. (Lodged In Distt. Jail Chittorgarh)

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Richin Surana For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

29/11/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.553/2020 of Police Station Nimbaheda, Chittorgarh for

the offence(s) punishable under Section(s) 363, 366 &

376(2) IPC and Section 5(L)/6 of the POCSO Act.

He/she/they has/have preferred this/these second bail

application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

after rejection of the earlier bail application of the

(2 of 3) [CRLMB-14434/2021]

petitioner, statements of the prosecutrix have been

recorded before the trial court, wherein, she has not

supported the prosecution story and turned hostile.

Learned Public Prosecutor has opposed the bail

application and argued that age of the prosecutrix is less

than 18 years on the date of incident and though the

prosecutrix, in her court statements, has admitted that

she developed physical relationship with the petitioner on

her own free will, but her consent is of no consequence

as she was minor. Learned Public Prosecutor, thus, prayed

that the petitioner may not be enlarged on bail.

Having regard to the totality of the facts and

circumstances of the case, after going through the

evidence of the prosecutrix (PW-2), without expressing

any opinion on the merits of the case, I deem it just and

proper to grant bail to the petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Raj Bihari @ Raj Shah S/o

Mangal Shah shall be released on bail in connection with

FIR No.553/2020 of Police Station Nimbaheda,

Chittorgarh provided he/she/they execute(s) a personal

bond in the sum of Rs.50,000/- with two sound and

(3 of 3) [CRLMB-14434/2021]

solvent sureties of Rs.25,000/- each to the satisfaction of

learned trial court for his/her/their 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

43-msrathore/-

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