The High Court of Rajasthan allowed the bail application of an accused charged under the POCSO Act and IPC. The court noted the prosecutrix's age, their relationship, and lack of criminal antecedents while dispensing with merit discussion.
Bail granted on personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11430/2023
Banti @ Pradeep S/o Bhanwar Lal, Aged About 20 Years, R/o Bharta Bavdi, Police Station Taleda, District Bundi (Raj.) (At Present Accused Petitioner Confined In District Jail Bundi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shree Ram Dhakar For Respondent(s) : Mr. Sanjeev Mahala, PP Mr. Nitin Kumar Sharma for complainant
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
01/12/2023
(2 of 3) [CRLMB-11430/2023]
further submits that prosecutrix travelled with petitioner through public conveyance and never made any complaint to any one. He further submits that no incriminating evidence against the petitioner is available on record. He further submits that prosecutrix never disclosed her actual age to the petitioner rather she always presented herself as major. He further submits that there are no criminal antecedents of the petitioner. He further submits that petitioner is a boy of 20 years and he is in custody since 14.08.2023. He further submits that charge-sheet has been filed in this matter and trial will take considerable time. Counsel contends that further custody of the petitioner would not serve any fruitful purpose.
[CRLMB-11430/2023]
(3 of 3)
that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(ANIL KUMAR UPMAN),J
ANAND TANWAR /41
1 issue framed by the court
Whether to grant bail to the accused-petitioner charged with offences under 363 IPC, 376(2)(n) IPC, and POCSO Act.
1 provisions across 1 enactments
Banti @ Pradeep
State Of Rajasthan
Anil Kumar Upman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
