High Court of Rajasthan granted bail to the petitioner arrested under IPC and POCSO provisions. The court deemed it just and proper to release him on a personal bond with sureties without expressing an opinion on the merits.
Petitioner released on bail via 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. 9039/2019
Ashok Kumar S/o Kheta Ram Kalbi Choudhary, Aged About 32 Years, R/o Bhorda, P.s. Bhadrajun, Dist. Jalore. (At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : Mr. Panney Singh Mr. Bhawani Singh |
|
| For Respondent(s) | : Mr. S.K. Bhati, P.P. |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
06/09/2019
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.18/2019 of Police Station Falasiya, District Udaipur for the offences punishable under Sections 363, 366, 366-A, 370, 376 of IPC and Sections 4, 6 of POCSO Act and 3(1)(W)(i), 2(VA)(V) of SC/ST Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation of sexual assault against the petitioner is false. It is argued that the prosecutrix got married with the petitioner as per her own free will, however, later on, she left house of the petitioner and when the petitioner threatened to take action against the prosecutrix and her family members, her brother has
(2 of 2) [CRLMB-9039/2019]
lodged this false FIR against him. It is submitted that as a matter of fact, the prosecutrix, her brother and other persons had cheated the petitioner and in relation to that an FIR has already been filed against them, in which investigation is going on.
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 Ashok Kumar S/o Kheta Ram Kalbi Choudhary shall be released on bail in connection with FIR No.18/2019 of Police Station Falasiya, District Udaipur 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
4-Taruna/-
1 issue framed by the court
Whether bail should be granted to the accused pending trial under Section 439 Cr.P.C.
2 provisions across 2 enactments
Ashok Kumar S/o Kheta Ram Kalbi Choudhary
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
