Allowed

Ratan Lal v. State

Rajasthan HC16 Jan 2019CRLMB/247/2019

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What is this about?

The Hon'ble High Court of Rajasthan at Jodhpur granted bail to the accused petitioner arrested under offenses of unlawful assembly, rape, and POCSO. The court held that the prosecutrix turning hostile without an opinion on merits warranted bail despite the serious charges.

What did the court decide?

Petitioner released on bail in connection with FIR No.72/2017 by executing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Ratan Lal Vs State — Child Sexual Offences (POCSO) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 247/2019

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Ratan Lal S/o Bhanwar Lal Gayri, Aged About 21 Years, Resident of Aira, Gangrar, Chittorgarh. (Central Jail, Udaipur).

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Mohd. Rasheed For Respondent(s) : Mr. Ashok Upadhayay, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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16/01/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in connection with FIR No.72/2017 of Police Station Nai, District Udaipur for the offences punishable under Sections 363, 376 of IPC and under Section 6 of Protection of Children From Sexual Offences Act. He has preferred this bail application under Section 439 Cr.P.C.

¶14

Learned counsel for the petitioner has submitted that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has specifically stated that she went to Maharashtra with the petitioner as per her own free will. Learned counsel for the petitioner has further submitted that now the statement of the prosecutrix has been recorded as PW-1 and

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(2 of 2)

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[CRLMB-247/2019]

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she has not supported the prosecution story and turned hostile, however she has stated that she went with the petitioner as per her own free will.

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Public Prosecutor has opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, and in in view of the fact that the prosecutrix has not supported the prosecution story and turned hostile 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.

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Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ratan Lal S/o Bhanwar Lal Gayri shall be released on bail in connection with FIR No.72/2017 of Police Station Nai, District Udaipur 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.

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(VIJAY BISHNOI),J

¶22

16-Hanuman/-

Ratan Lal v. State

Case brief

What is this about?

What did the court decide?

Ratan Lal v. State

Case brief

What is this about?

What did the court decide?

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