Jugal Kishore vs State Of Rajasthan
2021 Latest Caselaw 15310 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 7364/2021

Jugal Kishore S/o Sh. Sukharam, Aged About 24 Years, R/o Jalkha, P.s. Pipad City, District Jodhpur. (Presently Lodged In District Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Sanjay Raj Pandit For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/10/2021

Heard learned counsel for the parties and perused

the material available on record.

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

No.118/2018 of Police Station Pipad, District Jodhpur for

the offence(s) punishable under Section(s) 363, 366-A,

376, 120-B IPC and Sections 3/4, 11(4)/12 of the POCSO

Act, 2012. 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

the allegations of abduction and sexual assault, levelled

against the petitioner, are absolutely false. It is further

argued that the prosecutrix went with the petitioner and

lived with him for a year in different States on her own

free will. It is also submitted that after rejection of the

earlier bail application of the petitioner, charge-sheet has

(2 of 2) [CRLMB-7364/2021]

been filed. Learned counsel while inviting attention of this

Court towards the statement of the prosecutrix recorded

under Section 161 and 164 Cr.P.C. has submitted that the

prosecutrix, in those statements, had specifically stated

that the petitioner did not abduct or sexually assaulted

her. It is also submitted that there is no iota of evidence

available on record against the petitioner regarding

abduction and sexual assault.

Learned Public Prosecutor has opposed the bail

application(s).

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 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) - Jugal Kishore S/o Sh.

Sukharam shall be released on bail in connection with FIR

No.118/2018 of Police Station Pipad, District Jodhpur

provided he/she/they execute(s) a personal bond in the

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/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

264-msrathore/-

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