The High Court allowed the bail application of the petitioner deeply implicated in offences under IPC, SC/ST Atrocities Act, and POCSO Act, ordering release on bond without prejudging the merits.
The petitioner was ordered to be released on bail on a personal bond with two sureties.
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.
234/2023
Vikash Kumar S/o Shri Ramswaroop, Aged About 27 Years, R/o Ward No. 9, Markhi(Kalyanpura) Thana Amarsar, District Jaipur. (Presently Confined In Central Jail, Jaipur)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Anish Bhadala, Adv. For : Mr. Suresh Kumar, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
10/01/2023
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.364/2022 registered at Police Station Samode, District Jaipur Rural for the offence(s) under Section(s) 354 of IPC, Section 3(2)(va) of SC/ST (Prevention of Atrocities) and Section(s) 7/8 of POCSO Act.
(2 of 2) [CRLMB-234/2023]
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. He further submits that the accused-petitioner is in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and accused-petitioner Vikash Kumar S/o Shri Ramswaroop is ordered to be released on bail 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 trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
GAURAV SHARMA /70
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Sections 354 IPC, Section 3(2)(va) of SC/ST Act, and Section 7/8 of POCSO Act.
1 provisions across 1 enactments
Vikash Kumar S/o Shri Ramswaroop
State Of Rajasthan
Sanjay Kumar S/o Seduram
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
