Sunil @ Banti S/O Ramji Lal vs State Of Rajasthan
2022 Latest Caselaw 6589 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 10912/2022

Sunil @ Banti S/o Ramji Lal, R/o Gadali, P.s. Shahjahapur, Dist.
Alwar (Raj.). (Presently Confined In District Jail Alwar)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Rajpal Yogi
For Respondent(s)         :     Mr. Chandragupta Chopra, PP

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

12/10/2022

This bail application has been filed under Section 439 Cr.P.C

in connection with FIR No.38/2018 registered at Police Station

Shahjahapur, District Alwar for the offences under Sections 366-A,

376(1)(4), 370-A, 344, 376(2)(n), 376-D, 34 of IPC, Sections 3, 4

& 5(L)/6 of POCSO Act and Section 75 & 81 of Juvenile Justice

Act.

Learned counsel for the petitioner submits that the petitioner

is behind the bars since long and charge-sheet has already been

filed. The petitioner has no criminal antecedents. In the present

FIR, other co-accused persons have already been acquitted by

learned Special Judge, POCSO Act, 2012 No.2 Alwar, Rajasthan

vide its judgment dated 17.12.2021. During that trial, statement

of prosecutrix was recorded on 01.02.2019 as PW-1, wherein, she

has turned hostile and in her cross-examination, she stated that

(2 of 2) [CRLMB-10912/2022]

present petitioner [email protected] Banti has not committed any wrong act

with her and her age has been recorded as 18 years. Hence, the

petitioner may kindly be released on bail.

Learned Public Prosecutor has opposed the bail application.

Considering the submissions made by learned counsel for the

petitioner and taking into consideration overall facts and

circumstances of the case but without expressing any opinion on

the merits/demerits of the case, this court deems it just and

proper to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the petitioner-Sunil @ Banti S/o

Ramji Lal shall be enlarged on bail provided he furnishes a

personal bond in the sum of Rs.50,000/- with two sureties of

Rs.25,000/- each to the satisfaction of the learned trial Judge for

his appearance before the court concerned on all the dates of

hearing and as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

PAYAL/20

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