Allowed

Mohan Lal Saini @ Monu Son of Kalyan Sahay v. State of Rajasthan

Rajasthan HC4 Aug 2022CRLMB/7373/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the accused Mo chnappetitioner facing charges under IPC, SC/ST Act, and POCSO. The Court relied on discrepancies between the FIR and the 164 statement, the relationship between parties, and the age of the victim at the time of the incident to grant release on bail.

What did the court decide?

Enlargement of the accused-applicant on bail upon execution of a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Mohan Lal Saini @ Monu Son of Kalyan Sahay… — Child Sexual Offences (POCSO) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 7373/2022

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Mohan Lal Saini @ Monu Son of Kalyan Sahay, Aged about 21 Years, Resident of Berapur Ki Dhani Tan Bardod, Police Station Behror, District Alwar (Raj.) (At Present accused petitioner Confined in Central Jail Alwar)

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----Petitioner

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Versus

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State of Rajasthan, Through PP.

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Jale Singh Son of Shri Om Prakash, Resident of Bardod, District Alwar (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Riyasat Ali-PP

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HON'BLE MR. JUSTICE SAMEER JAIN Order

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04/08/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant Mohan Lal Saini @ Monu son of Kalyan Sahay. The applicant was arrested in connection with FIR No. 162/2022 registered at Police Station Behror District Bhiwadi for the offence(s) under Sections 323, 341, 354, 376 of IPC, Sections 3(1)(r), 3(2)(va), 3(1)(s) of the SC/ST Act and Sections 3/4 and 11/ 12 of the POCSO Act.

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Learned counsel for the accused-applicant submits that the petitioner is a boy aged about 21 years. He was in love relationship with the complainant-victim. The said fact is admitted in the statement of the complainant-victim recorded under Section 164 Cr.P.C. He further submits that FIR was filed at a belated stage with limited allegation of harassing and threatening the

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(2 of 2)

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[CRLMB-7373/2022]

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complainant-victim and her brother. Trial is likely to take long time to conclude. No useful purpose would be served by keeping him behind bars till disposal of the case.

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Learned Public Prosecutor submits that the complainant has been duly informed. He has vehemently opposed the bail application and has submitted that the matter pertains to POCSO. The girl was a minor, aged about 17 years, at the time of incident. 4. Heard the arguments advanced by the counsel for the parties and scanned the record. On perusal of the FIR, it is more than clear that FIR is limited to allegation of giving threats to brother of the complainant-victim and abusing/harassing the complainant. On perusal of 164 statement it is also analyzed that the complainant as well as the applicant were in close relationship for more than two years. It is also observed that, as per the school certificate, date of birth of complainant-victim is 18.09.2004 and at the time of incident she was more than 16 years of age. For the above stated reasons and considering the contradictions between FIR and 164 statement, but without commenting on merits or demerits of the case, this Court deems it appropriate to enlarge the applicant on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant named above shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of 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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(SAMEER JAIN),J

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Ashu/19

Mohan Lal Saini @ Monu Son of Kalyan Sahay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohan Lal Saini @ Monu Son of Kalyan Sahay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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