Allowed

Ravi Kumar v. State of Rajasthan

Rajasthan HC20 Jul 2022CRLMB/4627/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application of an adult petitioner charged with offences under IPC, POCSO, IT Act, and SC/ST Act. Considering the medical report, the release on bail of a co-accused, and the applicant's lack of antecedents, the Court deemed it just and proper to grant bail.

What did the court decide?

The accused Ravi Kumar is released on bail by executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Ravi Kumar Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2022)

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[CRLMB-4627/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4627/2022

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Ravi Kumar S/o Mahender Singh, Aged About 19 Years, R/o Ward No. 03 Khunza Ps Hanumangarh Junction Distt. Hanumangarh Raj. (Presently Lodged At Dist. Jail Hanumangarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Kartar Singh S/o Mithu Singh, Aged About 37 Years, R/o Ward No. 03 New Khunza Ps Hanumangarh Junction Dist. Hanumangarh Raj.

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----Respondents

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For Petitioner(s) : Mr. Baltej Singh For Respondent(s) : Mr. A.R. Choudhary, P.P.

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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20/07/2022

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The instant bail application has been filed under Section 439 Cr.P.C. by the applicant for grant of bail in connection with FIR No.608/2021 registered at Police Station Hanumangarh Junction, District Hanumangarh, for offences punishable under Sections 377, 342, 323, 506 & 34 IPC and Sections 3(a)/4, 5(g) (u)/6, 9(g)(u)/10 & 11/12 of the POCSO Act and Sections 66(E) & 67(B) of the IT Act and Sections 3(2)(V) & 3(2)(Va) of the SC/ST Act.

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Heard learned counsel for the parties and perused the material available on record.

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Victim did not turn up despite the service of notice issued against him.

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[CRLMB-4627/2022]

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Learned counsel for the applicant while drawing the attention of the Court towards the medical report of the Victim “H” submits that no visible injury was found on body of the victim. As per the medical opinion, forceful anal intervention was not confirmed. The co-accused Rinku has been enlarged on bail by a Co-ordinate Bench of this Court in S.B. Criminal Revision Petition No.367/2022 vide order dated 13.05.2022. It is further submitted that there is no criminal antecedent against the applicant. Applicant is below twenty-one years of age. In view of the above circumstances, learned counsel for the applicant prays to allow the bail application.

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Learned Public Prosecutor opposes the grant of bail application.

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Having regard to the rival submission made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly looking to the medical report and the fact that similarly situated co-accused has already been enlarged on bail, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-applicant on bail under Section 439 Cr.P.C.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the applicant Ravi Kumar S/o Mahender Singh, who is in custody in connection with FIR No.608/2021 registered at Police Station Hanumangarh Junction, District Hanumangarh, shall be released on bail provided he shall execute personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sound & solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that

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[CRLMB-4627/2022]

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court on each & every date of hearing and whenever called upon to do so.

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(RAMESHWAR VYAS),J

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5-Samvedana/-

Ravi Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ravi Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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