Mahendra Kumar vs State Of Rajasthan
2022 Latest Caselaw 6590 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4657/2022

Mahendra Kumar S/o Sh. Chuna Ram, Aged About 22 Years, B/c Bheel R/o Ajaniyon Ki Dhani Ps Dhorimanna Distt. Barmer Raj. (Presently Lodged In Sub Jail Balotra)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ramchandra S/o Sh. Binja Ram, Aged About 41 Years, B/ c Gawaria R/o Vill. Mithada Khurd PS Dhorimanna Dist. Barmer Raj.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Pradeep Shah
For Respondent(s)        :     Mr. Anda Ram Choudhary, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                         Judgment / Order

06/05/2022

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.362/2021, Police Station Dhorimanna,

District Barmer, registered for the offence under Sections 363,

366A, 450, 376(2)(n)of IPC and Section 5 (L)n/6 of Sexual

offence Act,2012.

Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the challan paper and more specifically

the statement of the prosecutrix under Section 161 and 164 Cr.PC.

Perusal of the statement reveals that prior to 7-8 months of

lodging of the FIR she came in contact with the petitioner and

thereafter their friendship transformed into love relationship.

(2 of 2) [CRLMB-4657/2022]

The submissions of learned counsel for the petitioner is worth

consideration that there was consensual sexual relationship in

between the parties. As far as the question of age of the

prosecutorix is concerned, learned counsel put serious doubts on

the veracity of the documents.

Considering the overall submission and the fact that the

petitioner is a teenage boy. His further incarceration is not

required for any purpose and further investigation and trial will

take sufficiently long time, therefore, benefit of bail may be

granted to the accused petitioner.

On the contrary, learned Public Prosecutor opposed the bail

application of the accused-petitioner.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner-Mahendra Kumar S/o Sh. Chuna Ram,

arrested in connection with F.I.R. No.362/2021, Police Station

Dhorimanna, District Barmer, shall be released on bail, 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 the 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.

(FARJAND ALI),J 66-nidhi/-

Powered by TCPDF (www.tcpdf.org)