High Court of Rajasthan granted bail to Sriram Makad accused in rape and POCSO offences, citing prolonged custody, his young age, and the prosecutrix's statement indicating lack of force. No opinion expressed on merits.
Released on bail via personal bond of Rs. 50,000 with two sound and solvent sureties of Rs. 25,000 each.
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[CRLMB-10766/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10766/2020
Sriram Makad S/o Sh. Chandaram, Aged About 23 Years, R/o Akkasar, Tehsil Kolayat, Dist. Bikaner (Raj.). (Presently Lodged At Central Jail Bikaner).
----Petitioner
Versus
State of Rajasthan.
----Respondent
For Petitioner(s) : Mr. Kaushal Gautam (on VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/12/2020
In wake of onslaught of COVID-19, lawyers have been
advised to refrain from coming to the Courts.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.128/2019 of Police Station Gajner, District Bikaner for the offences punishable under Sections 376(3), 376(2)(n) of IPC, Section 5(L)/6 of POCSO Act and Section 3(2)(V) of SC/ST (Prevention of Atrocity) Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner is in custody since 06.11.2019 and he is also young man of 23 years of age. Learned counsel for the petitioner further submits that no offence of rape is made out against the present petitioner
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[CRLMB-10766/2020]
in the statement rendered by the prosecutrix under Section 164 Cr.P.C. Learned counsel for the petitioner also submits that in the statement rendered by the prosecutrix under Section 164 Cr.P.C., the prosecutrix herself has deposed that she was annoyed with her parents, and therefore, she had called the present petitioner to meet her and he was trying to persuade her to stay back at home because the parents have a right to be angry. The prosecutrix however, has admitted sex in the statement.
Learned counsel for the petitioner further submits that the total dispute was between the parents and daughter, and in the statement rendered by the prosecutrix under Section 164 Cr.P.C., the prosecutrix has clearly said that whatever happened was not forceful , and in fact has tried to protect to the present petitioner.
Learned Public Prosecutor opposed the bail application.
Looking into the prolonged custody, the age of the present petitioner and the statement rendered by the prosecutrix under Section 164 Cr.P.C, this Court finds no reason for continuance of custody of the present petitioner at this stage.
Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems 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 Sriram Makad
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[CRLMB-10766/2020]
S/o Sh. Chandaram shall be released on bail in connection with FIR No.128/2019 of Police Station Gajner, District Bikaner 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.
(DR.PUSHPENDRA SINGH BHATI),J.
13-Zeeshan/-
1 issue framed by the court
Whether bail should be granted in a case involving offences under Section 376 IPC and POCSO Act considering the petitioner's age and prosecution statement.
5 provisions across 4 enactments
Sriram Makad
State of Rajasthan
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Dr. Pushpendra Singh Bhati
Parties & counsel
