Rajendra @ Raju vs State Of Rajasthan ...
2023 Latest Caselaw 1627 Raj

[2023/RJJD/004625]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No.15516/2022

Rajendra @ Raju S/o Toliya, aged about 20 Years, R/o Jethorpara P.S. Bhungda District Banswara Raj.

(At present lodged at Jail, Banswara)

----Petitioner Versus

1. State of Rajasthan

2. Ramesh Chandra S/o Rao Ji Bunkar, aged about 42 Years, R/o Jethorpara P.S. Bhungda Distrrict Banswara.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. R.S. Bhati
For Respondent(s)         :     Mr. Mahipal Bishnoi, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                 Judgment

09/02/2023

The application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

FIR No.59/2022, registered at Police Station Bhungda, District

Banswara for the offences punishable under Sections 363, 366

and 376(2)(N), 376(3) IPC and Section 5(L)/6 of the POCSO Act.

Heard learned counsel for the petitioner so also the learned

Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submitted drew the

Court's attention towards the statement of prosecutrix recorded

under Section 164 Cr.P.C. Learned counsel for the petitioner

[2023/RJJD/004625] (2 of 3) [CRLMB-15516/2022]

submitted that from the perusal of the aforesaid statements, it is

apparent that the allegations have been levelled by the

prosecutrix against Raju and Kamlesh. Learned counsel further

submitted that for the reasons best known to the Investigating

Agency, the challan has not been filed against Kamlesh and he has

also not been implicated in this case. Learned counsel further

submitted that even as per the statement of prosecutrix recorded

under Section 164 Cr.P.C. she travelled with the petitioner at

various places which is indicative of the fact that the prosecutrix

was in a consensual relationship with the present petitioner.

Challan in the case has been filed. The petitioner is in

judicial custody and the trial of the case will take sufficiently long

time, therefore, the benefit of bail may be granted to the accused

petitioner.

On the contrary, learned Public Prosecutor has opposed the

bail application of the accused-petitioner.

Having considered the rival submissions, 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- Rajendra @ Raju S/o Toliya

arrested in connection with FIR No.59/2022, registered at Police

Station Bhungda, District Banswara shall be enlarged 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

[2023/RJJD/004625] (3 of 3) [CRLMB-15516/2022]

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

to do so, till completion of the trial.

(KULDEEP MATHUR),J 38-Ravi Kh/-

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