Bhavana Lal vs State Of Rajasthan
2022 Latest Caselaw 3485 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous 2nd Bail Application No. 17167/2021

Bhavana Lal S/o Chotu Ji, Aged About 33 Years, Ganeshpura, P.s.

Mandalgarh, Dist. Bhilwara. (At Present Lodged In Central Jail,

Udaipur).

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Abhishek Charan

For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/03/2022

Heard learned counsel for the parties and perused

the material available on record.

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

No.132/2019 of Police Station Nai, Distt. Udaipur for the

offence(s) punishable under Section(s) 363, 366, 376 IPC

and Section 6 of the POCSO Act, 2012. He/she/they

has/have preferred this/these second bail application(s)

under Section 439 Cr.P.C.

(2 of 3) [CRLMB-17167/2021]

Learned counsel for the petitioner has submitted that

after rejection of the first bail application of the

petitioner, statement of the prosecutrix has been

recorded before the trial court. It is further submitted

that the prosecutrix went with the petitioner on her own

free will and the same is clear from her statement as

(PW-1). Learned counsel has also submitted that from

the evidence of the prosecutrix, it is clear that despite

having opportunities, she did not raise any alarm while

travelling from Udaipur to Tamilnadu and this itself shows

that she went with the petitioner on her own free will.

Learned counsel has also submitted that the prosecutrix's

age is also doubtful.

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) - Bhavana Lal S/o Chotu Ji

shall be released on bail in connection with FIR

(3 of 3) [CRLMB-17167/2021]

No.132/2019 of Police Station Nai, Distt. Udaipur

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

103-msrathore/-

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