Allowed

Pankaj v. State of Rajasthan

Rajasthan HC17 Oct 2023CRLMB/11652/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application filed by an accusedperson under Section 439 CrPC. Considering the statement of the prosecutrix under Section 164 CrPC and the overall facts, the Court deemed it just and proper to enlarge the petitioner on bail while requiring a personal bond and sureties.

What did the court decide?

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

Pankaj Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023:RJ-JD:35399]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 11652/2023

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Pankaj S/o Bapu Lal, Aged About 20 Years, R/o- Ambada, Police Station Kunwa, District Dungarpur (Rajasthan) (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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----Respondent

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For Petitioner(s)	: Mr. Mahaveer Prasad Pareek
For Respondent(s)	: Mr. Mukhtiyar Khan,PP

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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17/10/2023

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The instant bail application has been filed by the petitioner Pankaj S/o Bapu Lal under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.02/2023 registered at Police Station Kunwa District Dungarpur for the offence(s) under Sections 363, 366, 344,

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376(2)(N), 376(3) IPC and Section 5/6 of POCSO Act.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Learned counsel while inviting attention of this Court towards the statement of the prosecutrix recorded under Section 164 Cr.P.C. submitted that there is no evidence against the petitioner in support of the allegations. He further submits that petitioner is behind the bars and trial may take long time to conclude thus, he deserves to be enlarged on bail.

[2023:RJ-JD:35399]

[CRLMB-11652/2023]

(2 of 2)

Per contra, learned Public Prosecutor opposed the bail application.

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Considering the submissions advanced on behalf of the parties, perusing the statement of prosecutrix under Section 164 Cr.P.C. and looking to the overall facts and circumstances of the case, without commenting on the merits and demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner shall be enlarged on bail in the aforesaid FIR provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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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(YOGENDRA KUMAR PUROHIT),J

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62-Arti/-

Pankaj v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pankaj v. State of Rajasthan

Case brief

What is this about?

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