Accused seeking bail for IPC, SC/ST, and POCSO charges. Prosecutor opposed application. Court granted bail noting prosecutrix statement on consent and accused's age, directing execution of bond.
Petitioner released on bail upon executing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7713/2019
Chandrashekar S/o Kailash Chandra, Aged About 21 Years, Caste Sen, R/o Achnara, Police Station Arnod District Pratapgarh, Rajasthan. (At Present Lodged In Distt Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. N.K. Gurjar For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
25/07/2019
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 FIR No. 12/2019 of Police Station Arnod, District Pratapgarh for the offences punishable under Sections 363, 366, 376 and 504 of IPC and 3(1)W 2, 5, 5A of SC/ST Act and 3/4 , 8,9 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the prosecutrix in her court statement under Section 164 Cr.P.C. has stated that she went with the petitioner in November, 2018 as per her own free will and lived with him for about four months in Gujarat. It is submitted that the prosecutrix has disclosed her age as seventeen and half years in her court statement recorded
(2 of 2)
[CRLMB-7713/2019]
under Section 164 Cr.P.C. and also stated that petitioner had not done anything wrong with her.
Learned Public Prosecutor has opposed the bail application. 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 Section 439 Cr.P.C. is allowed and it is directed that petitioner Chandrashekar S/o Kailash Chandra shall be released on bail in connection with FIR No. 12/2019 of Police Station Arnod, District Pratapgarh 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
15-Taruna/-
1 issue framed by the court
Whether to grant bail to the accused accused of offences under IPC and SC/ST/Pocso Acts in view of prosecutrix statement regarding consent and age.
1 provisions across 1 enactments
CHANDRASHEKAR
STATE OF RAJASTHAN
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
