Sonu Sharma S/O Mahendra Sharma vs State Of Rajsthan ...
2023 Latest Caselaw 5639 Raj/2

[2023:RJ-JP:27111]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                10392/2023

Sonu Sharma S/o Mahendra Sharma, R/o Udho Ka Bas, Tan

Balawas, P.s. Bansur District Alwar (Raj.) (At Present Confined In

Central Jail Alwar)
                                                                    ----Petitioner
                                     Versus
State Of Rajsthan, Through Pp
                                                                  ----Respondent

For Petitioner(s) : Mr. Pradeep Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

06/10/2023

1. This second bail application has been filed by the petitioner

under Section 439 Cr.P.C.

2. F.I.R. No.184/2023 was registered at Police Station Bansur,

Alwar for the offence under Sections 323, 342, 354 & 363 of IPC

and Sections 9/10 of POCSO Act.

3. Counsel for the petitioner submits that during the trial,

material witnesses have been examined and two independent

witnesses PW-3- Leelawati & PW-4- Sonu have been declared

hostile. The prosecutrix in her examination has alleged that the

accused gave a bite on her chin. Counsel further submits that in

the cross-examination of the prosecutrix, there are such material

[2023:RJ-JP:27111] (2 of 3) [CRLMB-10392/2023]

things which creates doubts about the prosecution story and the

trial of the case is likely to take considerable time.

4. Learned Public Prosecutor and counsel for the complainant

have vehemently opposed the second bail application and submit

that the prosecution story is consistent from beginning.

5. Considered the submissions put forth by counsel for the

petitioner, learned Public Prosecutor and counsel for the

complainant and so also perused the statement of the prosecution

witnesses.

6. Allegation against the petitioner is that he gave bite on the

chin of the prosecutrix and the petitioner is behind the bars since

01.04.2023. Two prosecution witnesses have been declared

hostile.

7. Taking into consideration the fact stated above and that the

petitioner is behind the bars since 01.04.2023 and trial will take

long time but without making any opinion on the merits and

demerits of the case, this Court deems it just and proper to

enlarge the petitioner on bail.

8. This second bail application is, accordingly, allowed and it is

directed that accused-petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.50,000/- (Rupees

Fifty Thousand only) together with two sureties in the sum of

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

satisfaction of the trial Court with the stipulation that he shall

appear before that Court and any Court to which the matter be

[2023:RJ-JP:27111] (3 of 3) [CRLMB-10392/2023]

transferred, on all subsequent dates of hearing and as and when

called upon to do so.

(GANESH RAM MEENA),J

ARTI SHARMA /5

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