This order grants bail to the applicant under Section 439 Cr.P.C. in a FIR involving offences under the IPC and POCSO Act. The court allowed bail noting that rape allegations were not levelled against the present applicant.
Applicant to be released on bail by executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7637/2022
Raju S/o Sh. Gotam, Aged About 21 Years, R/o Vassi Fala Bhamela Ps Dowada Dist. Dungarpur Raj. (At Present Lodged In Dungarpur Jail)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Gyan Jyoti Gupta For Respondent(s) : Mr. S.K. Mehar, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
18/07/2022
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.125/2022 of Police Station Dowada, District Dungarpur for the offences punishable under Sections 363, 366, 366-A, 376(2), 342, 386, 120-B & 506 IPC and Section 5/6 and 16/117 of the POCSO Act.
Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.
Learned counsel for the applicant submits that allegation of rape has been levelled against co-accused Lokesh. As per prosecution story, applicant and co-accused Lokesh kidnapped the victim, however, after that co-accused Lokesh went to Ahmedabad
(2 of 2) [CRLMB-7637/2022]
along with victim and kept her with him against her will and committed rape for more than once; there is no other criminal case is pending against him. The applicant is behind the bars since 19.05.2022; the applicant is aged about twenty one years, therefore, he prays to allow the bail application.
Learned Public Prosecutor opposes the grant of bail application and submits that inspite service of notice, complainant did not turn up during hearing of this bail application.
Having regard to the rival contentions of learned counsel for the parties and in the facts and circumstances of the case, without commenting on the merits, particularly looking to the fact that allegation of rape is not against the present applicant, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.
Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Raju S/o Sh. Gotam shall be released on bail in connection with FIR No.125/2022 of Police Station Dowada, District Dungarpur provided he executes a personal bond in a sum of Rs.1,00,000/(Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(RAMESHWAR VYAS),J
31-Taruna/-
1 issue framed by the court
Whether bail should be granted to the applicant who is not directly implicated in the rape allegations but is charged in a joint offence under the POCSO Act.
1 provisions across 1 enactments
Raju S/o Sh. Gotam
State Of Rajasthan
Mamta Kalasuaa Meena
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
