The High Court of Rajasthan granted bail to the accused-petitioner charged with offences including sexual intercourse with a child under 12 years, deeming it just and proper to release him on personal bond and sureties without assessing merits.
Accused released on bail with personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5111/2022
Vishnu Kumar S/o Lt. Mangi Lal Meghwal, Aged About 18 Years, R/o Netawalgarh Panchli, PS Kotwali, Chittorgarh, Dist. Chittorgarh.
(At Present Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
----Respondent
For Petitioner(s) : Mr.K.P.Raj Singh Deora, Adv. For Respondent(s) : Mr.Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/09/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.485/2021, Police Station Kotwali Chittorgarh for the offence under Sections 363, 366, 344, 376(2)(N) of IPC and Section 5L/6 of POCSO Act.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. According to the statement of the prosecutrix, she herself extends her consent to have sexual intercourse with him. Challan of the case has already been presented and no investigation is pending. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
(2 of 2)
[CRLMB-5111/2022]
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and
gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Vishnu Kumar S/o Lt. Mangi Lal Meghwal shall be enlarged on bail in FIR No.485/2021, Police Station Kotwali Chittorgarh provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
180-NK/-
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in a case involving offences under IPC Sections 363, 366, 344, 376(2)(N) and POCSO Act.
1 provisions across 1 enactments
Vishnu Kumar S/o Lt. Mangi Lal Meghwal
State Of Rajasthan
MangiBai W/o Ratan Lal
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
