Allowed

Gopal v. State

Rajasthan HC9 Dec 2020CRLMB/13870/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner arrested under offences of kidnapping, abetting dowry death, rape, POCSO, and SC/ST Act. The court noted the elopement between the parties, inability of the State to refute interview statements, and directed release on personal surety bond.

What did the court decide?

Bail granted with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the trial court.

Gopal Vs State — Narcotics (NDPS) | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 13870/2020

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Gopal S/o Kishan Gurjar, Aged About 20 Years, By Caste Gurjar, R/o Kunwariya, District Rajsamand. (Lodged In District Jail, Bhilwara).

----Petitioner

Versus

State, Through P.p.

----Respondent

For Petitioner(s)	: Mr. Tirath RajSingh Sodha on VC.
For Respondent(s)	: Mr. Mahipal Bishnoi PP for the State.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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09/12/2020

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In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

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The petitioner has been arrested in connection with FIR No.136/2020 of Police Station Gangapur, District Bhilwara for the offences punishable under Sections 363, 366-A & 376 IPC and Sections 3/4 & 16/17 of POCSO Act and Section 3(2)(v) of the SC/ ST Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that the petitioner is a boy aged 20 years. Learned counsel for the petitioner further submits that the girl and the boy eloped together one month ago also, however, at that time, as their parents counselled them, they returned back.

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(2 of 3)

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[CRLMB-13870/2020]

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Learned counsel for the petitioner also submits that again voluntarily the girl went with the present petitioner and they travelled together through the public places.

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Learned counsel for the petitioner further submits that there was continuous contact between the girl and the present petitioner.

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Learned Public Prosecutor though opposes the bail application, but is unable to refute the aforesaid factual matrix, which is based upon the statement rendered by the prosecutrix under Section 161 Cr.P.C.

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On a reading of the case diary and perusing the record of the case, this Court is not inclined to continue the custody of the present petitioner in this case at this stage.

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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, but 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.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Gopal S/o Kishan Gurjar shall be released on bail in connection with FIR No.136/2020 of Police Station Gangapur, District Bhilwara 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

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(3 of 3)

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[CRLMB-13870/2020]

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court on each and every date of hearing and whenever called upon

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to do so till the completion of the trial.

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(DR. PUSHPENDRA SINGH BHATI),J.

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skant-26-/-

Gopal v. State

Case brief

What is this about?

What did the court decide?

Gopal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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