Allowed

Hemant @ Nanda v. State of Rajasthan

Rajasthan HC22 Jul 2022CRLAS/679/2022

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Appeal and set aside the Special Judge's order rejecting bail for the appellant charged under POCSO, IPC, and SC/ST Acts, directing his release on personal and surety bonds with appearance stipulations.

What did the court decide?

Released on bail by furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial court.

Hemant @ Nanda Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 679/2022

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Hemant @ Nanda S/o Shri Madanlal, Aged About 25 Years, R/o Ahir Mohalla Ps Pratapgarh Dist. Pratapgarh (Presently Lodged In Dist. Jail Pratapgarh)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Mangilal Meena S/o Shri Motilal Meena, R/o Dhamania Manpura Dist. Pratapgarh Presently At Ahir Mohalla Ps Pratapgarh Dist. Pratapgarh

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----Respondents

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For Appellant(s)	: Mr. Love Jain
For Respondent(s)	: Mr. Shrawan Bishnoi,PP.

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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22/07/2022

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Heard learned counsel for the appellant and the learned Public Prosecutor and perused the material available on record.

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The instant appeal has been filed under Section 14A (2) of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.62/2021, Police Station Pratapgarh, District Pratapgarh for the offences under Sections 363, 366-A, 344, 346, 376(2)(n), 376(3) of IPC and Sections 3/4(1), 5(L)(J) (2)/16 of POCSO Act and Sections 3(1)(W)(i) and 3(2)(V) of SC/ST Act against the order dated 05.05.2022 passed by learned Special Judge, POCSO Act, 2012 and Child Right Protection Act, 2005, Pratapgarh, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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(2 of 2)

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[CRLAS-679/2022]

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It has been submitted on behalf of the appellant that according to the statement of prosecutrix recorded under Section 164 Cr.P.C., she clearly mentioned that she went alongwith the petitioner with her own free will and she got married with the appellant and resided with him. Challan of the case has already been presented. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedappellant.

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Learned Public Prosecutor has opposed the prayer for bail.

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Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 05.05.2022 passed by learned Special Judge, POCSO Act, 2012 and Child Right Protection Act, 2005, Pratapgarh is set aside. It is ordered that the accused-appellant Hemant @ Nanda S/o Shri Madanlal arrested in connection with FIR No.62/2021, Police Station Pratapgarh, District Pratapgarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- 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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(MANOJ KUMAR GARG),J

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82-Ishan/-

Hemant @ Nanda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hemant @ Nanda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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