Rajesh Rozario S/O Shri Sabasaten ... vs The State Of Rajasthan
2021 Latest Caselaw 5593 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 12057/2021

Rajesh Rozario S/o Shri Sabasaten Rozario, R/o House No.
31/66/03 Varun Path Mansarovar Jaipur Present Tenant A-33
Shivshakti Colony Shastri Nagar Jaipur Raj. (Accused Presently
Confined Central Jail Jaipur)
                                                                  ----Petitioner
                                   Versus
The State Of Rajasthan, Through Pp
                                                                ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 12370/2021 Trilok Chand Sharma S/o Late Shri Kajodmal Sharma, R/o Plot No. 29 Radha Govind Nagar Vill. Shyopur Ps Sanganer Jaipur (East) Accused Confined In Dist. Jail Jaipur

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

----Respondent

For Petitioner(s) : Mr. I.R. Saini, Mr. Mohit Balwada For Respondent(s) : Mr. Mangal Singh Saini PP Mr. R.S. Raghav

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

05/10/2021 In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

This Court perused the material available on record.

The petitioners have been arrested in connection with FIR

No.511/2020 of Police Station Muhana, Jaipur City (South) for the

(2 of 3) [CRLMB-12057/2021]

offences punishable under Section 376D IPC and Section 5/6 of

POCSO Act. They have preferred these bail applications under

Section 439 Cr.P.C.

Learned counsels for the petitioners have shown the order

passed by the learned court below on 02.08.2019, which was in

consequence of the FIR No.216/2019, in which though there was

an allegation that the boy, namely, Rony was having physical

relationship with the victim, but ultimately, she has deposed in

favour of Rony, and accordingly, he was acquitted vide the said

order. Learned counsel further submits that such acquittal has

happened on 02.08.2019, whereas the present FIR has been

lodged on 12.08.2020 for the rape alleged to have been

committed 12.07.2019 onwards, with a delay of almost one year.

Learned counsel also submits that petitioner-Rajesh Rozario is the

father of Rony, and the other petitioner-Trilok Chand Sharma, who

is T.T. in the Railways Department, is known to the father

(petitioner-Rajesh Rozario). Learned counsel further submits that

the petitioners are in custody since 12.07.2021. Learned counsel

also submits that the previous FIR as well as the judgment clearly

shows that it was a relationship between Rony and the victim, but

thereafter, the same turned into a sore relationship, and thus, the

earlier litigation was filed, but probably the parties have reconciled

and the judgment in favour of Rony was passed.

Learned Public Prosecutor as well as learned counsel for the

complainant vehemently opposed the bail application.

Learned counsel for the complainant submits that Rony son

of petitioner-Rajesh Rozario has gone back of his words of having

(3 of 3) [CRLMB-12057/2021]

a valid marriage with the victim, and thus, the allegations are

correct.

Taking into consideration the overall facts of the earlier FIR

No.216/2019 as well as the judgment passed in consequence on

02.08.2019 by the learned court below, as also the fact that

conclusion of the proceedings is likely to take some time and

without expressing any opinion on the merits of the case, this

Court deems it just and proper to grant bail to the accused

petitioners under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners (1) Rajesh

Rozario S/o Shri Sabasaten Rozario and (2) Trilok Chand

Sharma S/o Late Shri Kajodmal Sharma shall be released on

bail in connection with FIR No.511/2020 of Police Station Muhana,

Jaipur City (South) provided each of them execute a personal

bond in a sum of Rs.50,000/- with two sound and solvent sureties

of Rs.25,000/- each to the satisfaction of learned trial court for

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.

(DR.PUSHPENDRA SINGH BHATI),J

SHASHI KANT GAUR /37-38

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