In this bail application, the Rajasthan High Court allowed bail to the accused under Section 439 Cr.P.C. in a rape and POCSO case. The court granted strict conditions including a personal bond and sureties.
Released on bail in connection with FIR No. 82/2021 with a 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.
[2023/RJJD/007058]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1450/2023
Ratanlal Meena S/o Ugma Meena, Aged About 21 Years, P.s. Parsoli Teh. Begun Dist. Chittorgarh. (Presently Lodged At Dist. Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : None present For Respondent(s) : Mr. SK Bhati, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
21/03/2023
The lawyers are abstaining from work on account of strike.
This application for bail has been filed by the petitioner under Section 439 of Cr.P.C. in connection with FIR No.82/2021, Police Station, Parsoli, District Chittorgarh for the offences under Sections 363, 366-A, 376, 376(2)(N), 376(3) IPC and under Sections 3/4, 5(L)/6 of POCSO Act.
Perused the material available on record.
Learned PP submits that age of prosecutrix at the time of incident was 16 years.
Upon perusal of statement of prosecutrix recorded under Section 164 Cr. P.C., it reveals that the complainant deposed that around one year back when she was going to agricultural field, at that time, petitioner came on motor-cycle and after threatening
[2023/RJJD/007058]
[CRLMB-1450/2023]
(2 of 2)
her, forcibly took her on his motor-cycle to Bhilwara where they stayed together in a hotel and petitioner committed rape upon her.
Learned PP vehemently opposes the application.
Having regard to the facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Ratanlal Meena S/o Ugma Meena shall be released on bail in connection with the aforesaid FIR; provided the petitioner executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(DR.NUPUR BHATI),J
68-Sanjay/-
2 issues framed by the court
Whether bail application under Section 439 Cr.P.C. deserves acceptance given the nature of the offences and proceedings.
Whether the petitioner can be released on bail with personal bond and sureties pending trial.
1 provisions across 1 enactments
Ratanlal Meena
State Of Rajasthan
Nupur Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
