Mahendra Singh vs State
2021 Latest Caselaw 16089 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13943/2021

Mahendra Singh S/o Madho Singh, Aged About 24 Years, B/c Rajput, R/o Karwado Ka Guda, P.s. Ghasa, Dist. Udaipur. (Presently Lodged In District Jail, Rajsamand).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

23/10/2021

The instant bail application under Section 439 CrPC has

been preferred by the petitioner Mahendra Singh S/o Madho

Singh, who is in custody in connection with the F.I.R. No.9/2021

registered at the Police Station Kelwada, District Rajsamand for

the offences under Sections 370, 370-A, 376(3) IPC and Section

5(L)/6 of the POCSO Act.

Heard learned counsel for the petitioner and learned

Public Prosecutor. Perused the material available on record.

The application for bail preferred on behalf of the co-

accused Uma Ram has been accepted by this court by a detailed

reasoned order dated 16.02.2021 passed in S.B. Criminal Misc.

Bail Application No.1981/2021, wherein it has been observed that

the victim upon being examined under Section 164 CrPC totally

denied the incident and categorically stated that no untoward

event happened with her. She was neither kidnapped nor was

(2 of 2) [CRLMB-13943/2021]

subjected to any sexual assault etc. Learned Special Judge,

POCSO Act Cases, Rajsamand dismissed the bail application of the

petitioner in a totally perfunctory manner vide order dated

01.10.2021 without considering the order dated 16.02.2021,

whereby the application for bail preferred on behalf of the co-

accused Uma Ram was accepted. This approach of the learned

Special Court is in gross contravention of this court's judgment in

the case of Khet Singh Vs. State of Rajasthan [S.B. Criminal

Misc. Bail Application No.861/2021 decided on 25.01.2021]

and hence, cannot be appreciated.

In this background and having regard to the entirety of

the facts and circumstances of the case, I am inclined to grant

indulgence of bail to the petitioner.

Accordingly, the instant bail application under Section

439 CrPC is allowed. It is ordered that the accused-petitioner

Mahendra Singh S/o Madho Singh arrested in connection with

F.I.R. No.9/2021 registered at the Police Station Kelwada, District

Rajsamand shall be released on bail; provided he furnishes a

personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-

each to the satisfaction of the learned trial court with the

stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.

(SANDEEP MEHTA),J

79-Pramod/-

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