The Single Judge allowed a third bail application filed by the accused-petitioner, granting bail under Section 439 Cr.P.C. despite the prosecutrix's refusal to record her statement, holding it just and proper to release him.
Petitioner enlarged on bail by furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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11
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ORDER
S. B. CRIMINAL MISC. 3rd BAIL APPLICATION NO. 1163/2015 (Soma @ Someshwar Vs. State of Rajasthan)
Date of order : : 16.04.2015
HON’BLE MS.JUSTICE NIRMALJIT KAUR
Mr. Jitendra Ojha, counsel for the petitioner. Mr. Pankaj Awasthi, Public Prosecutor, for the State.
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This is third bail application under Section 439 of Cr.P.C. The petitioner has been arrested in connection with FIR No. 364/2012, Police Station Rishabhdev, District Udaipur for the offences under Sections 363, 363/34, 366, 366/34, 376, 436 and 120-B of I.P.C.
It is not disputed that the prosecutrix is not coming forward to record her statement in spite of the various adjournments granted for the purpose. The statement of the grand-father has been recorded who stated that the said statement was made by the prosecutrix on their threatening of dire consequences in case, she does not make the statement. Moreover, two witnesses have turned hostile.
Taking into account the facts and circumstances of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the third bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner – Soma @ Someshwar S/o Harish Chandra shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 50,000/-
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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 as and when called upon to do so.
(NIRMALJIT KAUR), J.
IK
1 issue framed by the court
Whether the petitioner should be released on bail when the prosecutrix refuses to record her statement.
1 provisions across 1 enactments
Soma @ Someshwar
State of Rajasthan
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
