Madan Deer vs State Of Rajasthan
2022 Latest Caselaw 5615 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4894/2022

Madan Keer S/o Sh. Surajmal, Aged About 22 Years, R/o Kalyanpura, P.S. Kotwali Nimbahera, District Chittorgarh (Raj.) (Presently Lodged At District Jail, Chittorgarh)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sanwariya Lal S/o Mangi Lal Keer, R/o Kalyanpura, P.S. Kotwali Nimbahera, District Chittorgarh (Raj.)

----Respondents

For Petitioner(s) : Mr. Sudhir Saruparia. For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

18/04/2022

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with F.I.R.

No.500/2021, Police Station Kotwali Nimbahera, District

Chittorgarh, for the offences punishable under Sections 363, 366,

344, 376(2) (n) of I.P.C. and under Section 5(L)/6 of POCSO Act.

Learned counsel for the petitioner submits that the

prosecutrix in her statement recorded under Section 164 Cr.P.C.

has deposed that she went with the petitioner and resided with

him at Mandsore on her free will. If anything happened, it was

with the consent of prosecutrix. Challan of the case has already

been presented and no investigation is pending. The accused-

petitioner is in judicial custody and trial of the case will take

(2 of 2) [CRLMB-4894/2022]

sufficient long time to be concluded. Therefore, the benefit of bail

should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

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 accused

petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Madan Keer S/o Sh.

Surajmal, shall be released on bail in connection with F.I.R.

No.500/2021, Police Station Kotwali Nimbahera, District

Chittorgarh, provided he executes a personal bond in the sum of

Rs.1,00,000/- with two sound and solvent surety of Rs. 50,000/-

each to the satisfaction of learned trial court for his appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(MANOJ KUMAR GARG),J 72-prashant/-

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