Bail application filed under Section 439 Cr.P.C. by a petitioner arrested in connection with kidnapping, abduction, and trafficking offences under IPC and POCSO Act.
Petitioner directed to be released on bail by executing a personal bond of Rs.50,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 10312/2018
Suresh Kumar S/o Jetaram, Aged About 22 Years, B/c Balai, R/o Isharmand, Police Thana Devgarh, at present R/o Dhorela Barar, Thana Bheem, Rajsamand, Rajasthan (at present Lodged In Sub Jail Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. MS Rajpurohit For Respondent(s) : Mr. Deepak Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/10/2018
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in connection with FIR No.168/2018 of Police Station Bheem, for the offences punishable under Sections 363, 366 of IPC and Section 17 of POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the allegation against the petitioner is that he helped the main accused Prabhu Lal in abducting the prosecutrix. It is also submitted that the allegation of sexual assault is not against the petitioner but against the co-accused.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-10312/2018]
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 accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Suresh Kumar S/o Jetaram shall be released on bail in connection with FIR No.168/2018 of Police Station Bheem, provided he executes a personal bond in a 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 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
Amit/46
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under IPC and POCSO Act.
1 provisions across 1 enactments
Suresh Kumar S/o Jetaram
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
