Padamsingh S/O Dataram vs State Of Rajasthan
2021 Latest Caselaw 6982 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                               17778/2021

Padamsingh S/o Dataram, R/o Village Dabbhara, P.s. Deeg Dist.
Bharatpur (Raj.). (At Present Confined In Sub Jail Central Jail
Bharatpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                 ----Respondent

For Petitioner(s) : Mr. Rahul Sinsinwar For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

29/11/2021

1. Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 489/2020 was registered at Police Station Deeg,

District Bharatpur for offence under Sections 323, 363, 377 of

I.P.C. and Sections 3/4 of POCSO Act.

3. It is contended by counsel for the petitioner that statement

of the child eye witness has been recorded. As per the medical

report, there was no injury on the anus of the victim and the

doctor has also opined that there was no sign to indicate

possibility of forceful anal intercourse. It is also contended that at

the time of recording of the statement, the Court has appended a

note to the effect that the child has some mental issues. As per

the document of the school certificate, the child was more than

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sixteen years of age. Petitioner has remained in custody for a

period of more than one year.

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions.

6. Medical evidence is not supportive of the commission of the

offence of Section 377 IPC. The child, as per the Court recording

the statement, was having some mental ailment. There is an

inordinate delay of lodging of FIR, hence, I deem it proper to allow

the second bail application.

7. This second bail application is accordingly allowed and it is

directed that accused petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /5

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