The High Court of Rajasthan allowed the second bail application of Vinod Gurjar, an accused in IPC 178/1966 and POCSO offences. The court noted inconsistencies in the prosecutrix's statement and age gap as factors, granting bail to appear in trial.
Petitioner released on bail on execution of personal bond of Rs.50,000 with two sureties for appearance.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous second Bail Application No. 2201/2021
Vinod S/o Rampal Gurjar, Aged About 20 Years, r/o Motipura, Police Station Jahajpur, District Bhilwara (Raj.). (Lodged In District Jail Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. JVS Deora |
|---|---|
| For Respondent(s) | : Mr. Mukesh Trivedi, PP |
| Mr.Ravindra Singh for Mr. Vikram Singh |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/02/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No. 97/2020 of Police Station Jahajpura, District Bhilwara for the offences punishable under Sections 366, 366-A, 376-D of IPC and Section 3/4 of POCSO Act. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has drawn attention of this Court towards the statement of the prosecutrix.
Learned counsel for the petitioner has highlighted the crossexamination, in which, the prosecutrix has admitted that she was aware that the allegation of rape against present petitioner was
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not there in the statement given before the police, which were exhibited as exhibit D-2.
Learned counsel for the petitioner further submits that the petitioner is a young boy of 20 years and the prosecutrix is 17 years old.
Learned counsel for the petitioner further submits that the inconsistency in the deposition made by the prosecutrix is sufficient for releasing the petitioner on bail.
Learned Public Prosecutor has opposed the bail application.
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.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vinod S/o Rampal Gurjar shall be released on bail in connection with FIR No. 97/2020 of Police Station Jahajpura, 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 court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DR.PUSHPENDRA SINGH BHATI),J.
103-Sudheer/-
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. despite pending charges of rape and POCSO offences.
Whether the inconsistency in the prosecutrix's statement and age discrepancy justify granting bail.
1 provisions across 1 enactments
Vinod S/o Rampal Gurjar
State Of Rajasthan
Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
