Allowed

Sunil Kumar S/O Kalyan @ Ramkalyan v. State of Rajasthan

Rajasthan HC12 May 2022CRLMB/1312/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. The court considered the delay in lodging the FIR, the filing of the charge-sheet, and the prosecution witnesses being declared hostile, enlarging the petitioner on bail with conditions.

What did the court decide?

Petitioner enlarged on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Sunil Kumar S/O Kalyan @ Ramkalyan Vs State… — Child Sexual Offences (POCSO) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1312/2022

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Sunil Kumar S/o Kalyan @ Ramkalyan, Resident Of Jhiri Police Station Manoharthana District Jhalawar (Raj.) (At Present Confined In District Jail, Jhalawar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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12/05/2022

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This bail application has been filed under Section 439 Cr.P.C in connection with FIR No.22/2022 registered at Police Station Manoharthan, District Jhalawar for the offences under Section 376 of IPC and under Section 3/4 of POCSO Act.

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Learned counsel for the petitioner submits that the FIR has been lodged after a delay of sixteen days and the petitioner is behind the bars since 12.01.2022. Charge-sheet has already been filed. Counsel further submits that the petitioner has no criminal antecedents. During the course of trial, the prosecutrix and her father have been examined as PW-1 and PW-2 respectively and both were declared hostile. Hence, the petitioner may kindly be released on bail.

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Learned Government Advocate-cum-Additional

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Advocate General has opposed the bail application.

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(2 of 2) [CRLMB-1312/2022]

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Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the petitioner Sunil Kumar S/o Kalyan @ Ramkalyan shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/16

Sunil Kumar S/O Kalyan @ Ramkalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sunil Kumar S/O Kalyan @ Ramkalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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