Citation : 2022 Latest Caselaw 3666 Raj/2
Judgement Date : 10 May, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 899/2022
Hemant Oard S/o Shri Ram Niwas Oard, R/o Sakatpura Bad Ki
Niche Kunhadi Kota At Present Karni Nagar Nanta Barda Basti
Shivraj Bana Ka Makan Kunhadi Ps Kunhadi Kota Raj. (At Present
Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Hari Shanker Gaur For State : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
10/05/2022
1. Petitioner has filed this bail application under Section 439
Cr.P.C.
2. F.I.R. No.554/2020 was registered at Police Station Kunhadi,
Kota city (Raj.) for offence under Sections 342, 363, 376-D I.P.C.,
Sections 3/4 of POCSO Act and Sections 3 (2)(v) & 3(2)(va) of
SC/ST Act and Section 67(A) of IT Act.
3. It is contended by counsel for the petitioner that the
prosecutrix has turned hostile. She has not levelled any allegation
against the present petitioner. Bail of co-accused has been allowed
by the Court.
4. Learned Public Prosecutor has opposed the bail application.
5. I have considered the contentions.
(2 of 2) [CRLMB-899/2022]
6. Taking note of the fact that the prosecutrix has turned hostile
and she has not levelled any allegation against the present
petitioner, also taking note of the fact that co-accused has been
enlarged on bail and without commenting on the merits of the
case, I deem it proper to allow the bail application.
7. This 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 trial Court with the stipulation that he shall appear before
that Court and any Court to which the matter be transferred, on
all subsequent dates of hearing and as and when called upon to do
so.
(PANKAJ BHANDARI),J
ARTI SHARMA /19
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