Allowed

Krishan Kumar v. State of Rajasthan

Civil and Criminal Procedure – Bail by High Court – Section 439 of the Code of Criminal Procedure – Minor prosecutrix alleged she went voluntarily

Rajasthan HC10 Jun 2019CRLMB/6180/2019

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What is this about?

The Rajasthan High Court allowed a bail application under Section 439 Cr.P.C. filed by Krishan Kumar, lodged in judicial custody. The court accepted the petitioner's submission that the prosecutrix, a minor, admitted going with the accused voluntarily. The application was allowed subject to a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

Krishan Kumar Vs State of Rajasthan — 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 Miscellaneous Bail Application No. 6180/2019

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Krishan Kumar S/o Sh. Nawa Ram, Aged About 27 Years, B/c Dewasi, R/o Devariyo Ka Ugmana Bass, Bhinmal P.s., Bhinmal, Distt. Jalore (Lodged In Distt. Jail, Jalore)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent For Petitioner(s) : Mr. Shreekant Vearma For Respondent(s) : Mr. S.K. Bhati, PP

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HON'BLE MR. JUSTICE ABHAY CHATURVEDI (VACATION JUDGE)

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Order

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10/06/2019

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.15/2019, Police Station Jhab, District Jalore, for the offences under Sections 363, 366, 376(2)(I)(N)(J) (F), 376(D)(A) of IPC and under Sections 3/4, 5(L)/6 of POCSO Act.

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Learned counsel for the petitioner submits that the prosecutrix is about 17 years of age and she has admitted in her statement recorded under Section 164 Cr.P.C. that she went with the accused petitioner at her own free will and visited many places and the accused petitioner is behind the bars from 05.03.2019.

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Heard and considered the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor.

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(2 of 2)

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[CRLMB-6180/2019]

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Having regard to the facts and circumstances of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner Krishan Kumar S/o Sh. Nawa Ram arrested in connection with F.I.R. No.15/2019, Police Station Jhab, District Jalore, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ABHAY CHATURVEDI (VACATION JUDGE))

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9-Hanuman/-

Krishan Kumar v. State of Rajasthan

Case brief

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Krishan Kumar v. State of Rajasthan

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