Citation : 2022 Latest Caselaw 597 Raj/2
Judgement Date : 24 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Third Bail Application No.
20529/2021
Sonu S/o Lakshman Singh, Aged About 22 Years, R/o Sogariya
Mohalla Ps Mathura Gate Bharatpur Raj. (At Present Accused Is
Confined In Central Jail Sewar Dist. Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Arvind Sharma for Mr. Ankit Khandelwal, through VC For Complainant(s) : Mr. Anshul Sharma, through VC For State : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
24/01/2022
1. Petitioner has filed this third bail application under Section
439 of Cr.P.C.
2. F.I.R. No. 470/2020 registered at Police Station Mathura
Gate, District Bharatpur for offence under Section 376-D of I.P.C.
and Section 5/6 of POCSO Act.
3. It is contended by counsel for the petitioner that the
statement of the victim has been recorded. As per her statement,
petitioner did not rape the victim and it is only after the incident
that the victim saw the petitioner standing outside the house.
4. Learned Public Prosecutor and counsel for the complainant
have opposed the third bail application.
5. I have considered the contentions.
(2 of 2) [CRLMB-20529/2021]
6. There is no specific statement to the effect that petitioner
has committed any rape and also in cross examination,
prosecutrix stated that she saw the petitioner standing outside the
house after she was being taken away by her dadi, hence, I deem
it proper to allow the third bail application.
7. This third 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/ 6
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