Allowed

Savitri @ Samasta v. State of Rajasthan

Rajasthan HC20 Oct 2021CRLMB/6020/2021

Case brief

AI extract

What is this about?

Appearing for a woman allegedly charged under Sections 376 IPC and POCSO, the court allowed a bail application citing the hostility of three prosecution witnesses against the prosecution story. A personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each were required before the trial court.

What did the court decide?

Release on bail subject to personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

Savitri @ Samasta 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. 6020/2021

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Savitri @ Samasta W/o Shri Kirsan Kumar, Aged About 37 Years, R/o Shyoratada, P.S. Bhadra District Hanumangarh. (At Present Lodged In Distt. Jail, Hanumangarh)

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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. J.K. Suthar For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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20/10/2021

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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. 232/2020, Police Station Bhadra, District Hanumangarh, registered for the offences under Section 376 of IPC and under Section 3/4 & 16/17 of POCSO 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 statements of prosecutrix ’M’, PW2 Surendra (prosecutrix maternal uncle) and PW 3 Kamlesh (prosecutrix maternal aunt) have been recorded before the learned Trial Court; all the three have not supported the story of prosecution and turned hostile; accused-petitioner is behind the bars since long; further investigation and trial will take time. With these submissions, learned counsel for the petitioner

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(2 of 2)

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[CRLMB-6020/2021]

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prayed that the benefit of bail may be granted to the accusedpetitioner.

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Per contra, learned Public Prosecutor has opposed the bail application but not controverted this fact that prosecutrix ‘M’ as well as her maternal uncle and aunt have also not supported the story of prosecution and turned hostile.

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Having regard to the facts and circumstances of the case, 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 Savitri @ Samasta W/o Shri Kirsan Kumar, arrested in connection with F.I.R. No. 232/2020, Police Station Bhadra, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided she 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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4-/Akshay/-

Savitri @ Samasta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Savitri @ Samasta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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