Allowed

Jaswant v. State of Rajasthan

Rajasthan HC7 May 2022CRLMB/5392/2022

Case brief

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What is this about?

This judgment deals with a bail application filed under Section 439 Cr.P.C. in cases of kidnapping, abduction, abduction of minor girl and POCSO offences. The court granted bail considering the existence of a compromise between parties, free will of the prosecutrix, and the length of trial, noting that it just and proper to do so without commenting on merits.

What did the court decide?

Petitioner enlarged on bail in FIR No.12/2022 subject to personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Jaswant 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. 5392/2022

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Jaswant S/o Kamlesh Meena, Aged About 19 Years, R/o Arniyapanth PS Shambhupura Dist. Chittorgarh (At Present Lodged In Dist. Jail Chittorgarh)

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----Petitioner

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Versus

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State of Rajasthan through PP

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		----Respondent
For Petitioner(s)	:	Mr. K.P. RajSingh
For Respondent(s)	:	Mr. S.S. Rajpurohit, PP Mr. Vikram Singh Rathore for the complainant

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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07/05/2022

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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.12/2022, Police Station Shambhupura, District Chittorgarh for the offence punishable under Sections 363, 366A, 344 & 376(2) (N) of the IPC and Section 5L/6 of the POCSO Act, 2012.

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Learned counsel for the petitioner submits that according to the statement of prosecutrix, she admits that she went along with the petitioner with her own free will and she was aged about 18 years as per her statement. He further submits that the compromise has also been arrived between the parties; the petitioner is in the judicial custody; and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

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(2 of 2) [CRLMB-5392/2022]

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Learned Public Prosecutor has opposed the prayer for bail. Learned counsel for the complainant concurs the fact of compromise.

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I have considered the arguments advanced before me and gone through the material available on record.

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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.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Jaswant S/o Kamlesh Meena, shall be enlarged on bail in F.I.R. No.12/2022, Police Station Shambhupura, District 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.

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(MANOJ KUMAR GARG),J

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70-Rashi/-

Jaswant v. State of Rajasthan

Case brief

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Jaswant v. State of Rajasthan

Case brief

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