Allowed

Kandarp Kumar v. State

Rajasthan HC10 Sept 2021CRLMB/1030/2021

Case brief

AI extract

What is this about?

This order grants bail to a petitioner arrested for offences under POCSO and IPC. Considering precautions due to the COVID-19 surge and without commenting on merits, the High Court deemed it proper to allow the second bail application under Section 439 Cr.P.C. directed to appear via personal bond.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. on bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Kandarp Kumar Vs State — Child Sexual Offences (POCSO) | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Second Bail Application No. 1030/2021

¶3

Kandarp Kumar S/o Sh. Aatma Ram, Aged About 34 Years, R/o H.no. 4/14, Housing Board, Balotra, P.s. Balotra, Dist. Barmer. (Presently Lodged In Sub Jail, Bilara, Dist. Jodhpur)

----Petitioner

Versus

State, Through Pp

		----Respondent
For Petitioner(s)	: Mr. PC Solanki
For Respondent(s)	: Mr. MS Bhati, PP Mr. MS Borawat

¶8

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶9

Order

¶10

10/09/2021

¶11

In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

¶12

This Court perused the material available on record.

¶13

The petitioner has been arrested in connection with FIR No. 402/2020 of Police Station, Balotra, District Barmer for the offences punishable under Sections 341, 363, 354(A) (2), 366(A), 376(1), 506 IPC and Section 3/4, 7/8 of POCSO Act. He has preferred this second bail application under Section 439 Cr.P.C.

¶14

Counsel for the petitioner has shown certified copy of statement of prosecutrix (who is studying in Class XII and is major) rendered before trial court. Relevant part of the statement reads as follows :-

¶15

(2 of 2)

¶16

[CRLMB-1030/2021]

¶17

“eSa esjk vly vk/kkj dkMZ vkt lkFk ysdj vkbZ gwa ftlds uEcj 524418576075 gSA ftldh QksVks izfr vkt eSaus U;k;ky; esa is'k dh gSA esjh tUefrfFk 26-06-2003 gSA eSa gkmflax cksMZ ckyksrjk esa vius ifjokj lfgr jgrh gwaA eSaus ckgjoh d{kk ikl dh gSA tuojh 2020 esa gkmflax cksMZ ckyksrjk esa dksbZ jkedFkk dk vk;kstu ugha FkkA eSa Ldqy VSDlh esa tkrh FkhA eSa fdlh ds lkFk dkj ;k eksVjlkbZdy esa Ldqy ugha tkrh FkhA esjs Ldqy tkrs oDr fdlh us QksVks ugha fy;s FksA esjs lkFk fdlh us dksbZ ? kVuk dkfjr ugha dh FkhA esjk Ldqy tkrs le; fdlh us ihNk ugha fd;k Fkk u gh fdlh us QksVks [khapdj ,fMV dj eksckbZy ij ugha Hksts Fks vkSj u gh dkj esa fdlh us esjs lkFk NsM+NkM+ dh Fkh vkSj fdlh us esjs diM+s ugha [kksys FksA eq>s fdlh us cgyk&Qqlykdj ys tkdj esjs lkFk fdlh us [kksVk dke ¼cykRdkj½ ugha fd;k FkkA“

¶18

Learned Public Prosecutor opposed the bail application.

¶19

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.

¶20

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kandarp Kumar S/o Sh. Aatma Ram shall be released on bail in connection with FIR No.402/2020 of Police Station, Balotra, District Barmer 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.

¶21

(DR. PUSHPENDRA SINGH BHATI),J.

¶22

274-nirmala/Sanjay

Kandarp Kumar v. State

Case brief

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Kandarp Kumar v. State

Case brief

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