Allowed

Lalsingh v. State

Rajasthan HC25 Oct 2021CRLMB/11355/2020

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed the second bail application of the petitioner, who is in judicial custody for offences under Sections 376, 363, 344 IPC and POCSO. The Court granted bail considering the charge-sheet filing, bail of co-accused, and prolonged trial, without opining on merits.

What did the court decide?

The petitioner, Lalsingh S/o Gautam Singh, is released on bail upon furnishing a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the trial court.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 11355/2020

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Lalsingh S/o Gautam Singh, Aged About 30 Years, By Caste Koli, R/o Dohri, P.S. Ambaha, District Murena (M.P.) At Present Shakti Nagar Society, Ahmdabad.

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(At Present Lodged In Central Jail, Udaipur).

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----Petitioner

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Versus

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State of Rajasthan through P.P.

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----Respondent

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For Petitioner(s) : Mr. H.S. Shrimali For Respondent(s) : Mr. Mukhtiyar Khan, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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25/10/2021

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.76/2019, Police Station Phalasia, District Udaipur, registered for the offence punishable under Sections 376, 363 & 344 of the Indian Penal Code and Sections 16 & 17 of the POCSO Act.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that first bail application was rejected vide order dated 17.12.2019; allegation of rape has been made against co-accused Pawan; as per

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(2 of 3)

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[CRLMB-11355/2020]

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prosecution, prosecutrix ‘S’ has been sold by Meena Thakor and Sanjay to the petitioner; benefit of bail has been granted to coaccused Meena Thakor by the learned trial Court; petitioner is behind the bars since 2019; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that at the time of committing offence, prosecutrix ‘S’ was a 16 years old girl child but does not controvert the facts that benefit of bail has been granted to co-accused, Meena Thakor and the alllegation of rape has been made against the co-accused, Pawan.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; benefit of bail has been granted to co-accused, Meena Thakor; allegation of rape has been made against the co-accused, Pawan and not the accused-petitioner; accused-petitioner is behind the bars since 2019; and trial of the case will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the second bail application is allowed. It is ordered that the petitioner - Lalsingh S/o Gautam Singh,

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(3 of 3)

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[CRLMB-11355/2020]

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arrested in connection with F.I.R. No.76/2019, Police Station Phalasia, District Udaipur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each (one shall be a local surety) to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DEVENDRA KACHHAWAHA),J

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1-Rashi/-

Lalsingh v. State

Case brief

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Lalsingh v. State

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