Rajasthan High Court allowed bail to the petitioner charged with offences under IPC and POCSO Act involving abduction and sexual assault, conditioning his release on execution of a personal bond with sureties.
Release on bail subject to execution of a personal bond in 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. 8555/2019
Manish Khilery S/o Shri Krishan Lal Khilery, Aged About 20 Years, B/c Bishnoi, R/o Ward No. 12, Chak 3 Knd, Ps Rawla Distt. Sri Ganganagar. ( At Present Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Abhishek Mehta For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
22/07/2019
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. 24/2019 of Police Station Rawla, District Sriganganagar for the offences punishable under Sections 363, 366-A, 450, 120-B, 376(2)(N), 376-D IPC and Section 5(L) and (G)/6 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 statement recorded under Sections 161 and 164 Cr.P.C. has levelled allegation of sexual assault against co-accused Vijay Pal. It is submitted that allegation against the petitioner is only to the effect that at the time of abduction of the prosecutrix by Vijay Pal, he accompanied him up to Jaipur. It is further
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[CRLMB-8555/2019]
submitted that charge-sheet has been filed in the matter and trial of the case will take time.
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 Manish Khilery S/o Shri Krishan Lal Khilery shall be released on bail in connection with FIR No. 24/2019 of Police Station Rawla, District Sriganganagar 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
57-Taruna/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in view of the allegations of sexual assault.
Whether the bond conditions are just and proper for the release of the accused.
1 provisions across 1 enactments
Manish Khilery
State
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
