Allowed

Shiv Singh S/O Bhagwan Singh v. State of Rajasthan

Rajasthan HC8 Dec 2021CRLMB/19192/2021

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court of Rajasthan released the accused petitioner on bail pending trial, directing him to furnish a personal bond with sureties and appear as called upon, without expressing an opinion on the merits.

What did the court decide?

Petitioner released on bail furnishing personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the trial court.

Shiv Singh S/O Bhagwan Singh Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 19192/2021

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Shiv Singh S/o Bhagwan Singh, Aged About 19 Years, Resident Of Badela, Police Station Unhel Nageshwar, District Jhalawar, Rajasthan(Petitioner/accused Presently Confined In Jhalawar Since 19-10-2021)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Hari Shanker Gaur For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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08/12/2021

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This bail application has been filed by the accused petitioner

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under Section 439 Cr.P.C.

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Brief facts of the case are that an FIR No.191/2021 was registered at P.S. Gangdhar, District Jhalawar for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter, he moved the bail application before the trial court, which vide impugned order dismissed the same. Hence, this bail application has been filed on behalf of the petitioner.

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Learned counsel for the accused petitioner submits that the petitioner has been falsely implicated in the present case as he has nothing to do with the alleged incident. Counsel further submits that the charge-sheet has been filed against the petitioner

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(2 of 2) [CRLMB-19192/2021]

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under Sections 363, 366-A of IPC and 16/17 of POCSO Act.

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Counsel further submits that the accused petitioner is behind the bars since long. Conclusion of the trial may likely to take time. Hence, the accused petitioner be released on bail.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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Taking into consideration the submissions advanced by the learned counsel for accused petitioner, note of the allegations levelled against the petitioner as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner on bail.

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Therefore, this bail application under Section 439 Cr.P.C. is allowed and it is directed that accused petitioner Shiv Singh S/o Bhagwan Singh shall be released on bail in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.

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(MADAN GOPAL VYAS),J

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CHARU/30

Shiv Singh S/O Bhagwan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shiv Singh S/O Bhagwan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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