The Hon'ble High Court of Rajasthan granted bail to the accused petitioner arrested in an FIR involving offences under IPC and POCSO Act, directing him to furnish a personal bond and sureties before the trial court.
Petitioner granted bail on Rs. 50,000/- personal bond with two sureties of Rs. 25,000/- each before the trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S. B. Criminal Misc. 3rd Bail Application No. 2472/2019
Monu @ Rahul S/o Sh. Suresh Chandra Sharma, aged about 28 years, R/o Bharni Ropa , P.S. Pander , Distt. Bhilwara , Presently Resident of Ward No 14, Chandrashekar Azad Nagar, Bhilawara, House No. 5 H 32, Tilak Nagar, Near Polytechnic College, Distt. Bhilwara (Raj)
(Presently lodged in Distt. Jail Bhilwara)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner : Mr. Dinesh Godara with Mr. Vijay Kumar Gaur For Respondent : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/07/2019
The petitioner has been arrested in connection with FIR No. 194/2017 of Police Station Rayla, District Bhilwara for the offences punishable under Sections 376-D, 370-A & 372 of I.P.C., Section 3/4 of POCSO Act and Section 3(1)(w) & 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner on 16.01.2019, the father and mother of the prosecutrix, namely, Mannu (P.W. 5) and Sushila (P.W. 6), respectively, have appeared before the learned
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[CRLMB-2472/2019]
trial court but both of them have been declared hostile. Rajmal Gurjar (P.W. 7), the Manager of the Hotel, where the alleged incident is stated to have taken place, has also appeared before the learned trial court and stated that the prosecutrix came with a person purportedly being husband and wife and stayed in their hotel. He further stated that he does not know any person named as Rahul alias Monu Sharma and Jodh Singh. He is unable to identify those two persons.
Learned counsel for the petitioner further submits that the prosecutrix has not appeared before the learned trial court as the summons issued by the learned trial court could not be served upon her. Learned trial court has issued summons on number of occasions to be served upon the prosecutrix at all her known addresses through the Investigating Officer but it was reported that the prosecutrix is not available. The petitioner is behind the bar for last almost 1-1/2 years.
Learned Public Prosecutor opposes the bail.
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 of Cr.P.C.
Accordingly, the third bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that petitioner - Monu @ Rahul S/o Suresh Chandra Sharma shall be released on bail in connection with FIR No. 194/2017, Police Station Rayla, District Bhilwara provided he furnishes 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
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before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VINIT KUMAR MATHUR),J
10-Inder/-
1 issue framed by the court
Whether bail should be granted to the accused despite pending trial involving serious offences under IPC and POCSO Act.
1 provisions across 1 enactments
Monu @ Rahul
State of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
