High Court of Rajasthan granted bail to two petitioners in connection with offences under IPC (343, 363, 366A, 376D) and POCSO Act, relying on a statement indicating a consensual relationship by the prosecutrix.
Release on bail requiring 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/006825]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1970/2023
Avishek S/o Shri Meer Singh, Aged About 22 Years, R/o Bhirr, Ps - Buhana, District Jhunjhunu, Rajasthan. (Lodged In District Jail, Nagaur, District Nagaur)
----Petitioner
----Respondents
Connected With
S.B. Criminal Miscellaneous Bail Application No. 992/2023 Amit Kumar S/o Mahaveer Singh, Aged About 34 Years, R/o Nalpur Ps Mehara Dist. Jhunjhunu Raj. (In J.c. At Nagaur)
----Petitioner
| Versus State Of Rajasthan,Through Pp |
|---|
| For Petitioner(s) : Nonepresent |
| For Respondent(s) : Mr. Shrawan Bishnoi,PP |
----Respondent
HON'BLE DR. JUSTICE NUPUR BHATI
Order
17/03/2023
The lawyers are abstaining from work on account of strike.
This application for bail has been filed by the petitioners under Section 439 of Cr.P.C. in connection with FIR No.264/2022, Police Station Kuchera, District Nagaur for the offences under Sections 343, 363, 366A, 376(D) IPC and 5(G)/6 and 16/17 POCSO Act, 2012 and Section 84 JJ Act.
On going through the statement of prosecutrix recorded under Section 164 Cr. P.C., this Court finds that the prosecutrix states that on 13.12.2022 she called Mukesh at her place. Mukesh came to her house at around 10:00 pm in a car, in which, his
[2023/RJJD/006825]
[CRLMB-1970/2023]
(2 of 2)
friends including Amit Kumar and Abhishek were also present. Without informing her family she went away with them to Haryana. Thereafter, they went to Jaipur and then to Delhi. She has also stated that they had a consensual relationship.
Learned Public Prosecutor vehemently opposes the application and submits that age of prosecutrix above 16 years, however, he is not in a position to dispute the aforementioned facts.
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 petitioners deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioners (1) Avishek S/o Shri Meer Singh and (2) Amit Kumar S/o Mahaveer Singh shall be released on bail in connection with the aforesaid FIR; provided each of them execute 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. Petitioners 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
49-50 Sanjay/-
1 issue framed by the court
Whether bail shall be granted to the petitioners charged with offences under IPC and POCSO Act.
1 provisions across 1 enactments
Avishek S/o Shri Meer Singh
Amit Kumar S/o Mahaveer Singh
State Of Rajasthan
Nupur Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
