Allowed

Prajapati Vishnu v. State of Rajasthan

Rajasthan HC9 Nov 2022CRLMB/12835/2022

Case brief

AI extract

What is this about?

This miscellaneous bail application allowed the release of the petitioner, a 23-year-old accused, charged with offences against a minor. The Court granted bail under Section 439 Cr.P.C. requiring a personal bond and sureties, without expressing an opinion on the merits.

What did the court decide?

Petitioner released on bail under personal bond of Rs.50,000/- with two sureties of Rs.25,000/each each.

Prajapati Vishnu 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 Miscellaneous Bail Application No. 12835/2022

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Prajapati Vishnu S/o Shri Mangilal, Aged About 23 Years, R/o Gandhinagar Dhariyawad At Present At Ek Bal Chowk Madwati Road Ps Vivekanand Chowk Latur Dist. Latur Madhya Pradesh (Presently Lodged At Dist. Jail Pratapgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Tulsadevi W/o Sh. Mukesh Ji Suthar, Gandhinagar, P.s. Dhariyawad, Dhariyawad, Dist. Pratapgarh.

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----Respondents

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For Petitioner(s)	: Mr. V.K. Gaur.
For Respondent(s)	: Mr. Mahipal Bishnoi,PP.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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09/11/2022

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This Court perused the material available on record.

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The petitioner has been arrested in connection with FIR No.149/2022 of Police Station Dhariyawad, District Pratapgarh for the offences punishable under Sections 363, 376(1), 376(2)(n) of IPC and Section 3/4 of the POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that the age of the prosecutrix is 17 years at the time of incident. Learned counsel for the petitioner has drawn attention of this Court to the statement of Prosecutrix rendered under Section 161 of the Cr.P.C., in which, the complete consent has been recorded.

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(2 of 2)

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[CRLMB-12835/2022]

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Learned Public Prosecutor opposes the bail application.

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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 and 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.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Prajapati Vishnu S/o Shri Mangilal shall be released on bail in connection with FIR No.149/2022 of Police Station Dhariyawad, District Pratapgarh 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.

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(DR.PUSHPENDRA SINGH BHATI), J.

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65-/Jitender//-

Prajapati Vishnu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prajapati Vishnu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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