The High Court of Rajasthan granted bail to petitioners arrested under FIR No.147/2018 for offences punishable under Sections 363, 366 IPC and POCSO Act. They were released on bond with sureties without expressing opinion on merits.
Petitioners released on bail in connection with FIR No.147/2018 on execution of personal bond of Rs.50,000/—
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7794/2019
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Umesh Shrimali For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
08/07/2019
Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
The petitioners have been arrested in connection with FIR No.147/2018 of Police Station Gangrar, District Chittorgarh for the offences punishable under Sections 363 and 366 I.P.C. and Section 16/17 POCSO Act, 2012. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that as per the FIR, the son of the petitioners abducted minor daughter of the complainant. It is argued that the petitioners have been arrested only because they are parents of the accused, who allegedly abducted the minor daughter of the complainant.
Learned Public Prosecutor has opposed the bail application.
(2 of 2) [CRLMB-7794/2019]
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 petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners No.1 Madhulal S/o Choga Jat and No.2 Smt. Lad @ Ladu W/o Madhulal Jat shall be released on bail in connection with FIR No.147/2018 of Police Station Gangrar, District Chittorgarh provided each of them 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/her 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
74-Babulal/-
2 issues framed by the court
Whether bail should be granted to the petitioners arrested in connection with abduction and child sexual offences.
Whether the petitioners should be released on personal bond and sureties.
1 provisions across 1 enactments
MADHULAL S/O CHOGA JAT
LAD @ LADU W/O MADHULAL JAT
STATE OF RAJASTHAN
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
