Allowed

Mukesh Ojha S/O Laxminarayan v. State of Rajasthan

Rajasthan HC21 Dec 2023CRLMB/10614/2023

Case brief

AI extract

What is this about?

The Court allowed the bail application of the accused in rape and POCSO related charges. Despite the prosecutor's opposition, the Court noted the prosecutrix turned hostile and her statements varied, making the trial conclude in considerable time. Deeming it just and proper without commenting on merits, the petitioner was released on bond.

What did the court decide?

Release of the accused-petitioner on bail by furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the trial Judge.

Mukesh Ojha S/O Laxminarayan Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023:RJ-JP:41078]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10614/2023

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Mukesh Ojha S/o Laxminarayan, Aged About 27 Years, R/o Kiraaye Se Thane Ke Pichhe, Fatehgarh, Police Station Fatehgarh, District Guna (M.P.) (At Present Confined In District Jail Baran)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Chandragupt Chopra,PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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21/12/2023

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The instant bail application has been filed by petitioner under Section 439 Cr.P.C. in connection with FIR No.13/2023 registered at Police Station Mahila Thana, (Baran), District Baran for offence(s) under Sections 363, 376, 376 (3), 376 (2) (n) IPC and Sections 5 (J) (ii) (L)/ 6 of POCSO Act.

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Learned Public Prosecutor submits that information to complainant has already been sent, however no one has put in appearance on behalf of complainant.

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Counsel for petitioner submits that prosecutrix is a major girl who stated her age in court statements is 20 years, however her age was indicated in the FIR as minor and the prosecutrix has turned hostile and had not leveled any allegation of sexual assault against the petitioner; petitioner is in custody since 22.03.2023

(2 of 2)

[2023:RJ-JP:41078]

[CRLMB-10614/2023]

and conclusion of trial will take considerable time, therefore, petitioner may be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application. 5. Having heard learned counsel for the petitioner as well as learned Public Prosecutor and perusing the material available on record; considering the variance of statements of prosecutrix recorded under Sections 161 and 164 Cr.P.C. more so, she turned hostile, conclusion of trial will take considerable time, but without commenting on merits of the case, this Court deems it just and proper to release the petitioner on bail.

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Accordingly, the bail application is allowed and it is ordered that the accused-petitioner Mukesh Ojha S/o Laxminarayan shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the 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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(SUDESH BANSAL),J

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TN/20

Mukesh Ojha S/O Laxminarayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh Ojha S/O Laxminarayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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