Third bail application allowed. Petitioner, accused of rape/POCSO, granted bail citing hostile witnesses, lack of FSL support, and long custody, without expressing opinion on merits.
Petitioner released on bail with personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each under Section 439 Cr.P.C.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous III Bail Application No. 5685/2022
Shabbir S/o Shri Joru @ Jormal, Resident Of Jhanjhar Police Staton Sikari District Bharatpur ( Presently Accused Is In Judicial Custody At Central Jail Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Anil Upman For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
19/10/2022
The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.42/2021 registered at Police Station Sikari, District Bharatpur for the offence(s) under Section(s) 363 & 366 of IPC and Section 16/17 of POCSO Act, 2012 and later on for the offence under Sections 363, 366, 376, 376(2)(n) & 376(3) and Section 5(1) & 6 of POCSO Act, 2012.
Learned counsel for the petitioner submits that all the material prosecution witnesses including the prosecutrix (PW 1) have turned hostile and have not supported the prosecution story. He submits that even the Forensic Science Laboratory Report does not support the allegation of rape by the petitioner. Learned counsel submits that the petitioner is in custody since March 2021,
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[CRLMB-5685/2022]
trial of the case is likely to take time, he has no criminal antecedents and prays for his release on bail.
Learned Public Prosecutor has opposed the third bail application.
Taking into consideration the submissions advanced by learned counsel for the petitioner, material on record, statements of the prosecution witnesses recorded so far including the statement of the prosecutrix (PW 1), report of the FSL examination, length of custody of the petitioner and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the third bail application is allowed and it is directed that accused-petitioner Shabbir S/o Shri Joru @ Jormal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/18
1 issue framed by the court
Whether the petitioner shall be enlarged on bail under Section 439 Cr.P.C. in a rape and POCSO case where prosecution witnesses are alleged to be hostile.
2 provisions across 1 enactments
Shabbir S/o Shri Joru @ Jormal
State Of Rajasthan
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
