High Court at Jodhpur granted bail to the petitioner in a second bail application involving offences under 376(2)(AN), 341 and 323 IPC, considering prosecutrix tutoring as a factor without deciding merits.
Petitioner released on bail with personal bond of Rs.50,000/- and two sureties of Rs.25,000/each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 2210/2021
Pintu Kahar S/o Shri Raju Kahar, Aged About 22 Years, R/o Udaybhan Gate, Sahapura, P.s. Shahpura, Dist. Bhilwara. (At Present Lodged In District Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Naman Mohnot and Mr. Praveen |
|---|---|
| Bhati for Mr. N.K. Gurjar | |
| For Respondent(s) | : Mr. Mahipal Bishnoi PP for the State. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/02/2021
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.179/2020 of Police Station Shahpura, District Bhilwara for the offences punishable under Sections 376(2) (AN), 341 and 323 IPC. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has drawn the attention of this Court towards the statement rendered by the prosecutrix (PW-1), in which she has deposed in her cross-examination that she had given the statement, as and what has been tutored to her by her parents. Learned counsel for the petitioner further submits
(2 of 2)
[CRLMB-2210/2021]
that the prosecutrix in her statement has further deposed that she wanted to marry Pintu Kahar (the present petitioner), and since, he was not ready to marry her, therefore, she has lodged the case against the present petitioner-Pintu Kahar. Learned counsel for the petitioner also submits that the prosecutrix has also deposed that had the present petitioner given some compensation to her, then the case would not have been lodged against him.
Learned Public Prosecutor 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, but 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 Pintu Kahar S/o Shri Raju Kahar shall be released on bail in connection with FIR No.179/2020 of Police Station Shahpura, 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.
204-SKant/-
2 issues framed by the court
Whether bail should be granted to the petitioner despite the pending conclusion of the trial.
Whether the petitioner is entitled to release on bail for offences under Sections 376(2)(AN), 341 and 323 IPC.
1 provisions across 1 enactments
Pintu Kahar
State Of Rajasthan
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
