Allowed

Vishal v. State of Rajasthan

Rajasthan HC20 Jul 2022CRLMB/6480/2022

Case brief

AI extract

What is this about?

The High Court allowed a second bail application filed by the petitioner, aged 20, in a case involving offences under IPC and POCSO. The Court observed that while the prosecution case involved rape allegations, they were directed against a co-accused, not the petitioner. Considering the petitioner's age and lack of rape charge against him, the Court deemed it just to grant bail.

What did the court decide?

Petitioner released on bail on executing personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Vishal 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 Misc. 2^nd Bail Application No. 6480/2022

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Vishal S/o Deva, Aged About 20 Years, R/o Mandwa Nawaghara PS Kotwali, Dungarpur, District Dungarpur. (At Present Lodged In District Jail, Dungarpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Mst. Varsha Katara D/o Govind Katara, Being Minor Through Her Mother Smt. Tulsi Devi R/o Dimiya Nai Basti PS Kotwali, Dungarpur.

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----Respondents

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For Petitioner(s) : Mr. Deepak Menaria with Mr. Mohd. Rasheed For Respondent(s) : Mr. S.K. Mehar, Public Prosecutor

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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 second bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 446/2021 registered at Police Station Kotwali, District Dungarpur, for offences punishable under Sections 363, 366, 376(2), 376-D, 342 IPC, Section 5/6 of Protection of Children from Sexual Offences Act, 2012.

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

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Learned counsel for the petitioner submits that after dismissal of first bail application as not pressed, statement of the prosecutrix was recorded on 12.4.2022. The prosecutrix in her statement recorded before the trial court has not levelled

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(2 of 2)

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[CRLMB-6480/2022]

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allegation of rape against the present petitioner Vishal. The allegation of rape is against co-accused Ajmal. Petitioner is behind the bars since 21.12.2021. Petitioner is below 21 years of age. In the above circumstances, learned counsel for the petitioner prays to grant bail application.

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On the other hand, learned Public Prosecutor has opposed the 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 fact that allegation of rape has not been levelled against the present petitioner, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accusedpetitioner 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 petitioner Vishal S/o Deva , who is in custody in connection with FIR No. 446/2021 registered at Police Station Kotwali, District Dungarpur, shall be released on bail provided he shall execute personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his appearance before that 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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27-Mak/-

Vishal v. State of Rajasthan

Case brief

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Vishal v. State of Rajasthan

Case brief

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