Allowed

Anil Kumar Mehra @ Max S/O Shri Kalyan Sahay @ Kalluram v. State of Rajasthan

Rajasthan HC6 Jun 2023CRLMB/1465/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the accused under Section 439 CrPC in a POCSO case. The bench held that given the delay in FIR and contradictions in prosecution versions, it was just and proper to release him on security with two sureties.

What did the court decide?

Accused released on bail upon furnishing personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the trial Court.

Anil Kumar Mehra @ Max S/O Shri Kalyan Sahay… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1465/2023

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Anil Kumar Mehra @ Max S/o Shri Kalyan Sahay @ Kalluram, Aged About 23 Years, R/o Naurangpura, P.s. Virat Nagar, District Jaipur (Presently Lodged In Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Sudhir Jain Mr. Ravinder Sharma & Mr. Saurabh Jain For Respondent(s) : Mr. Ghanshyam Singh Rathore, GAcum-AAG

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR (V. J.)

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Order

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06/06/2023

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.27/2022, Police Station Virat Nagar, District Jaipur for the offences under Sections 363, 366, 323 of IPC and 5(l)/6 and 5(g)/6 of Protection of Children from Sexual Offences Act, 2012 and in alternate 376(2n) and 376DA of IPC.

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Learned counsel for the petitioner submits that in this case, the incident is said to be occurred on 14.12.2021 whereas the FIR was lodged after a delay of about 45 days and no reason has been mentioned for the delay. As per the Aadhar Card of the prosecutrix, her date of birth is 03.06.2003. In Scholar Register of the Government Adarsh Senior Secondary School, Navrangpura (Virat Nagar) Jaipur, Rajasthan, her date of birth has been entered

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[CRLMB-1465/2023]

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(2 of 3)

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as 03.06.2006 and Aadhar Card number has also been mentioned therein. Learned counsel further submits that as per Aadhar Card of the prosecutrix, her age is about 18 years at the time of incident. Learned counsel also submits that statement of the prosecutrix has been recorded during trial in which she has admitted that she has married to one Yogesh after the incident. Learned counsel argued that at the time of incident the prosecutrix was major and thus she married with one Yogesh. Learned counsel further argued that there is major contradiction in the version of the FIR and statement recorded during trial. Learned counsel also contended that the petitioner is 23 years of age. He also prayed that petitioner is behind the bars since 09.02.2022 and conclusion of trial will take long time and, therefore, he may be enlarged on bail.

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Learned Public Prosecutor vehemently opposed the bail application.

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Having regard to the facts and circumstances of the case and considering the fact that petitioner is behind the bars since 09.02.2022 and conclusion of trial will take long time, but without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Anil Kumar Mehra @ Max son

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of Shri Kalyan Sahay arrested in connection with FIR No.27/2022, Police Station Virat Nagar, District Jaipur shall be released on bail upon furnishing personal bond in the sum of

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(3 of 3) [CRLMB-1465/2023]

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Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the 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.

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[ASHUTOSH KUMAR (V. J.), J]

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JKP/23

Anil Kumar Mehra @ Max S/O Shri Kalyan Sahay @ Kalluram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anil Kumar Mehra @ Max S/O Shri Kalyan Sahay @ Kalluram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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