Allowed

Rohit Khilery v. State of Rajasthan-State

Rajasthan HC15 May 2020CRLMB/4072/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner charged with attempted murder, unlawful detention, and offences under POCSO. Due to the COVID-19 lockdown, the court ordered release on a personal bond only, allowing the petitioner to furnish sureties later.

What did the court decide?

Bail granted on personal bond of Rs. 50,000; petitioner may furnish two sureties of Rs. 25,000 each by 30.05.2020 to the Trial Court.

Rohit Khilery Vs State of Rajasthan-State — Child Sexual Offences (POCSO) | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 4072/2020

¶3

Rohit Khilery S/o Shri Bhanwar Lal, Aged About 20 Years, By Caste Bishnoi, R/o Khokhariya, Police Station Pipar District Jodhpur. At Present Kuri Bhagtasani, Jodhpur. (At Present Lodged In Central Jail Jodhpur).

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan-State, Through P.p.

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Arjun Singh, through Jitsi Meet App For Respondent(s) : Mr. Gaurav Singh, PP, through Jitsi Meet App

¶9

JUSTICE DINESH MEHTA

¶10

Order

¶11

15/05/2020

¶12

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.0097/2019, Police Station Dangiawas, District Jodhpur, for the offences under Sections 307 and 363 IPC and Section 7/8 of POCSO Act.

¶13

Mr. Arjun Singh, learned counsel for the petitioner, submits that though names of 7-8 persons have been mentioned in the FIR, complainant has neither indicated petitioner’s name nor has levelled any allegation.

¶14

It is also contended that even in the statements of the prosecutrix under Section 161 Cr.P.C. and under Section 164 Cr.P.C., petitioner has not been assigned any role.

¶15

Learned Public Prosecutor is not in a position to dispute aforesaid factual position.

¶16

(2 of 2) [CRLMB-4072/2020]

¶17

Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶18

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Rohit Khilery S/o Shri Bhanwar Lal, arrested in FIR No.0097/2019, Police Station Dangiawas, District Jodhpur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.

¶19

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 30.05.2020 to the satisfaction of the learned trial Court.

¶20

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

¶21

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.

¶22

(DINESH MEHTA),J

¶23

3-skm/-

Rohit Khilery v. State of Rajasthan-State

Case brief

What is this about?

What did the court decide?

Rohit Khilery v. State of Rajasthan-State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gaurav Maheshwari Vs State

Jitu @ Jitendra Singh Vs State of Rajasthan

Gorkha Ram @ Goverdhan Ram Vs State

Rakesh @ Anandpal Vs State

Girdhari Lal Vs State

Mangi Lal Vs the State of Rajasthan