Allowed

Vakil v. State of Rajasthan

Rajasthan HC27 Aug 2021CRLMB/4114/2021

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court of Rajasthan allowed the petition filed by an accused facing charges under POCSO and IT Act. The Court granted bail primarily because the prosecutrix turned hostile, thereby weakening the prosecution case, though no opinion was expressed on the merits of the underlying allegations.

What did the court decide?

The petitioner is released on bail on furnishing a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Vakil Vs State of Rajasthan — 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. Bail Application No. 4114/2021

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Vakil S/o Shri Member Banjara, Aged About 28 Years, R/o Malkheda, P.S. Manasa, District Neemach, (M.P.). (At Present Lodge In District Jail, Chittorgarh)

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----Petitioner

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Versus

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State Of Rajasthan through PP

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		----Respondent
For Petitioner(s)	: Mr. Kalu Ram Bhati Mr. Mahesh Mehra
For Respondent(s)	: Mr. Sudhir Tak, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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27/08/2021

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The present 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. 94/2021, Police Station Sadar Nimbahera, District Chittorgarh, registered for the offences under Sections 5/06, 123/14 & 16/17 of the POCSO Act and under Sections 67 & 67A of the I.T. Act (as per FIR registered for the offences under Section 376 of the IPC and under Sections 5/6, 13/14 & 16/17 of the POCSO Act and under Sections 67 & 67A of the I.T. Act).

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Heard and considered the arguments advanced by the 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 statement of prosecutrix ‘D’ has been recorded as PW1; prosecutrix ‘D’ has not

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(2 of 2)

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[CRLMB-4114/2021]

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supported the story of the prosecution and turned hostile; chargesheet 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 accused-petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

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Having regard to the facts and circumstances of the case, particularly to the facts that prosecutrix ‘D’ has not supported the story of prosecution and turned hostile and even not supported the memos reports prepared during investigation and categorically mentioned that nothing had happened with her and trial 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 bail application is allowed. It is ordered that the accused-petitioner Vakil S/o Shri Member Banjara, arrested in connection with F.I.R. No. 94/2021, Police Station Sadar Nimbahera, District Chittorgarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/each 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-/Akshay/-

Vakil v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vakil v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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