Vinod vs State Of Rajasthan
2022 Latest Caselaw 6580 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5764/2022

Vinod S/o Sh. Shankar Lal, Aged About 22 Years, B/c Od, R/o Vill. Upali Odan Ps And Tehsil Nathdwara Dist. Rajsamand Raj. (Presently Lodged In Dist. Jail Rajsamand)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Bhuri Bai W/o Sh. Panna Lal, B/c Meena R/o Juniwadi Nathdwara Dist. Rajsamand Raj.

                                                                ----Respondents


For Petitioner(s)        :     Mr Pradeep Shah
For Respondent(s)        :     Mr S.K. Bhati Public Prosecutor



              HON'BLE MR. JUSTICE FARJAND ALI

                         Judgment / Order

06/05/2022

This application for bail under Sec.439 CrPC has been filed

by the petitioner who has been arrested in connection with FIR

No.367/2021 registered at Police Station Nathdwara, District

Rajsamand for offence under Sections 363, 366A, 376(2)(n),

376(3) IPC; Section 5/6 of the POCSO Act and Sections 3(2)(v),

3(2)(Va) of the SC/ST (Prevention of Atrocities) Act.

Heard learned counsel for the petitioner as also the learned

Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submits that a bare

perusal of the statement of the prosecutrix reveals that she was

all over a consenting party. She eloped with the petitioner at her

own free will and volition sans coercion. The learned counsel drew

attention of this Court towards love letters purportedly written by

(2 of 2) [CRLMB-5764/2022]

the prosecutrix to the petitioner, wherein she was insisting the

petitioner to take her away to marry her. Learned counsel submits

that after the investigation, challan has been filed.

Learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, in the facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is of the opinion that the

bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner- Vinod s/o Shanker Lal arrested in

connection with FIR No.367/2021 registered at Police Station

Nathdwara, District Rajsamand shall be released on bail, if not

wanted in any other case, provided he furnishes a personal bond

of Rs.50,000/- (rupees Fifty Thousand) and two sureties of

Rs.25,000/- (rupees Twenty Five Thousand) each, to the

satisfaction of learned trial court, for his appearance before that

court on each & every date of hearing and whenever called upon

to do so till completion of the trial.

(FARJAND ALI),J 158-MMA/-

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