Allowed

Devendra @ Chetan v. State of Rajasthan

Rajasthan HC15 Jul 2022CRLMB/4306/2022

Case brief

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What is this about?

The Rajustan High Court at Jodhpur granted bail to a child sexual offences accused-petitioner under Section 439 Cr.P.C. The court acted without expressing an opinion on merits, noting the prosecutrix turned hostile and trial delay. Bail was granted subject to a bond of 1 lakh with two sureties.

What did the court decide?

Petitioner granted bail on personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each subject to appearance before the trial court.

Devendra @ Chetan 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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….

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S.B. Criminal Misc. Bail Application No. 4306/2022

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Devendra @ Chetan S/o Aaduram, aged 21 years, R/o Village Jhak, Tehsil Bilara, District Jodhpur, Rajasthan. (Presently Lodged In Sub Jail, Pichiyak).

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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. R.S. Bhati. For Respondent(s) : Mr. Arun Kumar, PP.

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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15/07/2022

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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 479/2021, Police Station Bilara, District Jodhpur, for the offences punishable under Sections 354, 376(D) & 384 of the Indian Penal Code.

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Learned counsel for the petitioner submits that now the prosecutrix has been examined by the learned Trial Court concerned as PW-2 and she has been declared hostile in respect of the present petitioner. Learned counsel further submits that the accused-petitioner is in judicial custody since long 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.

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(2 of 2)

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[CRLMB-4306/2022]

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Per contra, learned Public Prosecutor has vehemently

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opposed the bail application.

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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 accusedpetitioner under Section 439 Cr.P.C.

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Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner, Devendra @ Chetan S/o Aaduram , shall be released on bail in connection with F.I.R. No. 479/2021, Police Station Bilara, District Jodhpur, provided he executes a personal bond in a sum of Rs.1,00,000/with two 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.

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(MANOJ KUMAR GARG),J

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3-Mohan/-

Devendra @ Chetan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Devendra @ Chetan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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