In a bail application under Section 439 Cr.P.C. for offences under IPC and POCSO, the High Court granted bail on the record of a reported compromise between the parties, directing the execution of a personal bond with sureties.
Petitioner released on bail under Section 439 Cr.P.C. on personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail Application No. 10710/2022
Vinod Kumar S/o Kishan Lal, Aged About 22 Years, R/o Pipli Aacharian, Police Station Kankroli, District Rajsamand.
(At Present Lodged In District Jail, Rajsamand)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vikram Singh For Respondent(s) : Mr. Hitendra Singh, for the complainant Mr. S.K. Mehar, Public Prosecutor
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/09/2022
The petitioner has been arrested in connection with FIR No.221/2022 of Police Station Kankaroli, District Rajsamand for the offence punishable under Sections 363, 366, 376(3)(dha)(jha) of IPC and Sections 5(L)/6 and 11/12 of Protection of Children from Sexual Offence Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the prosecutrix in her statement has admitted that she herself went with the petitioner out of her own free will and she roamed at so many placed without raising hue and cry. She further admitted that she resided with the petitioner as husband and wife. Counsel submits that now, compromise has been arrived at between the parties. The
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[CRLMB-10710/2022]
accused-petitioner 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 accused-petitioner.
Learned counsel for the complainant concurs the fact of compromise. However, learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Vinod Kumar S/o Kishan Lal shall be released on bail in connection with FIR No. 221/2022 of Police Station Kankaroli, District Rajsamand provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
147-Mak/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner?
Vinod Kumar S/o Kishan Lal
State Of Rajasthan
Kailashi Devi
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
