In a bail application under the POCSO Act, this court observed inordinate delay and discrepancies in the FIR. It enhanced bail to Rs. 50,000 with an appearance bond.
Bail enlarged to Rs. 50,000 with obligation to furnish Rs. 50,000 as surety and personal bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
5.8 criminal Miscellaneous Bail Application NO. 5831/2022
----Petitioner
Versus
State Of Rajasthan, Through p.p.
----Respondent
--3
..
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For ~etitione,r('s) 3
: Mr. Vijay Singh Poonia up
.. 1'
For ~esp8ydent(s) : Mr. Mahendra Meena, Publl-qd3
%z$; (yj +d Prosecutor it -,
4. .&=@'+
D ALI
26/08/2022
1. The instant bail filed by the petitioner Vishwas S/o Cr.P.C against the order in connection with FIR impugned passed by I ssi, District Jaipur for and under Section 4/6 the offence@) under % ", of POCSO Act. " ?"--rn +; =mym? :n '<3@6hq '%;y&{<T
2. Learned counsel for the petitioner submits that the FIR has been lodged after an inordinate delay for which no satisfactory explanation has been furnished. The prosecutrix has changed her version at every stage of investigation. There are major discrepancies and infirmities in the FIR and the statements recorded under Sectjons 161 & 164 of Cr.P.C. The name of the petitioner is not figured out in the statement recorded under Seaion 164 of cr,p.C Three persons named in the FIR have been
by the investigating agency. Hence, no useful purpose
,,,,,,uld be served by him behind the bars.
3. per learned Public Prosecutor opposed the bail
4, considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long
time to conclude, this court deems it just and proper to enlarge
.25,000/each to the of Rs.50,000/with t appearance before satisfaction of the I ng as and when called
the court concerned o
upon to do so.
2 issues framed by the court
Whether the bail application should be allowed considering inordinate delay and discrepancies in the evidence.
Whether the petitioner is entitled to bail on personal bonds.
4 provisions across 3 enactments
Vishwas S/o
State Of Rajasthan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
