Anil Kumar vs State Of Rajasthan
2023 Latest Caselaw 436 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15393/2022

Anil Kumar S/o Amra, Aged About 18 Years, R/o Kahari B Ps Varda Dist. Dungarpur (At Present At Dist. Jail Dungarpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Salim Khan Mehar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/01/2023

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR

No.320/2022 of Police Station Kotwali, District Dungarpur for

the offence(s) punishable under Section(s) 363, 366, 376(2),

376(3) and 343 IPC and Section 5/6 of the POCSO Act.

He/she/they has/have preferred this/these bail application(s)

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations of abduction and sexual assaut levelled against

the petitioner are absolutely false. Learned counsel while

inviting attention of this Court towards the statement of the

victim recorded under Section 164 CrPC has clearly admitted

(2 of 2) [CRLMB-15393/2022]

that she went with the petitioner on her own free will. It is

further submitted that charge-sheet has been filed and trial

of the case is likely to take time.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and

circumstances of the case, without expressing any opinion on

the merits of the case, I deem it just and proper to grant bail

to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Anil Kumar S/o Amra shall be released on bail

in connection with FIR No.320/2022 of Police Station Kotwali,

District Dungarpur provided he/she/they execute(s) a

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

solvent sureties of Rs.25,000/- each to the satisfaction of

learned trial court for his/her/their appearance before that

court on each and every date of hearing and whenever called

upon to do so till the completion of the trial.

(VIJAY BISHNOI),J

175-msrathore/-

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