Allowed

Deshraj Bairwa S/O Shri Tulsiram v. State of Rajasthan

Rajasthan HC30 May 2023CRLMB/2405/2023

Case brief

AI extract

What is this about?

This single-judge order grants bail to an accused charged with sexual offences, cheating, and cyber-crimes. The court noted no victim appearance, disputed victim age, and lack of criminal antecedents, allowing bail subject to a bond.

What did the court decide?

Accused-desraj Bairwa enlarged on bail upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Deshraj Bairwa S/O Shri Tulsiram Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023/RJJP/012436]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2405/2023

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Deshraj Bairwa S/o Shri Tulsiram, R/o Village Badalpur Pot Jahangirpur, P.s. Kudgaon, District Karauli (At Present Confined In Central Jail, Ajmer)

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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. Devanshu Sharma, Adv. For Respondent(s) : Mr. S.S. Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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30/05/2023

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.03/2023 registered at Police Station Alwar Gate, Ajmer for the offence under Section 376 & 384 of IPC, Section 3/4 of POCSO Act and Section 67-A of IT Act.

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Despite of service upon the victim/complainant, no one has appeared on their bahalf.

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Learned counsel for the accused-applicant submits that the applicant is a young man aged about 21 years who is wrongly implicated in a false POCSO case. Learned counsel submits that the victim in question is a major lady who was above the age of 18 years at the time of occurrence of alleged offence. In this regard, learned counsel has relied upon the school certificate wherein date of birth of victim is reflected as 09/10/2003. Learned

[2023/RJJP/012436]

[CRLMB-2405/2023]

(2 of 2)

counsel further submits that both the accused-applicant and the victim belongs to the same community and they were supposed to get engaged. However, when the engagement was not done, a false and fabricated FIR was lodged against the accused-applicant, that too at a belated stage. Learned counsel further contends that as charge sheet in the present case has been filed, no useful purpose would be served by keeping the accused-applicant behind bars till final disposal of the case.

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Per contra, learned Public Prosecutor has vehemently opposed the bail application. 5. Considering the arguments advanced by both the sides, considering that the accused-applicant is a young man who was in close company of the victim; that the age (minor/major status) of the victim is also disputed; that accused-applicant has no criminal antecedents, and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed.

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It is ordered that accused-applicant Deshraj Bairwa S/o Shri Tulsiram shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/each to the satisfaction of 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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(SAMEER JAIN),J

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ANIL SHARMA /104

Deshraj Bairwa S/O Shri Tulsiram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deshraj Bairwa S/O Shri Tulsiram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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