Allowed

Durgesh S/O Hansraj v. State of Rajasthan

Rajasthan HC5 Jun 2023CRLMB/2612/2023

Case brief

AI extract

What is this about?

In an interim bail application filed under Section 439 Cr.P.C. in a POCSO case, the Rajasthan High Court granted bail to the petitioner after observing that the prosecutrix and her parents had turned hostile during the trial, warranting release on personal and surety bonds.

What did the court decide?

Petitioner released on personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Durgesh S/O Hansraj Vs State of Rajasthan — 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. 2612/2023

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Durgesh S/o Hansraj, Aged 24 Years, R/o Bhojgarh, Police Station Basoli Distt. Bundi (Rajasthan) (At Present Confined In District Jail Bundi)

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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. Vijay Yadav Advocate on behalf of Mr. Sunil Jain Advocate. For Respondent(s) : Mr. Riyasat Ali, P.P.

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

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Order

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05/06/2023

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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.94/2022, registered at Police Station Basoli, District Bundi for the offences under Sections 363, 366A, & 376(3) of Indian Penal Code, 1860 and Sections 3 & 4 of the Protection of Children from Sexual Offiences (Amendment) Act, 2012, 2019.

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Learned counsel for the petitioner submits that prosecutrix of this case, her father and mother have been examined during the course of trial. Learned counsel also submits that prosecutrix and her parents have turned hostile and have not supported the prosecution version and they have not said anything against the petitioner with regard to the charges levelled against him. The petitioner is said to be behind the bars

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[CRLMB-2612/2023]

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(2 of 2)

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since 01.10.2022 and conclusion of trial will take long time. Therefore, the petitioner may be released 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 the prosecutirx has been examined as PW-1 during the course of trial where she has turned hostile. PW.2-mother of the prosecutirx and PW.3-father of the prosecutrix have also turned hostile. Looking to the fact that all the main witnesses of the prosecution have not support the prosecution case, but without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the petitioner under Section 439 Cr.P.C.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. Petitioner-Durgesh S/o Hansraj arrested in connection with FIR No.94/2022 registered at Police Station Basoli, District Bundi shall be released on bail on his furnishing personal bond in the sum of 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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Sanjay Kumawat-71

Durgesh S/O Hansraj v. State of Rajasthan

Case brief

What is this about?

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Durgesh S/O Hansraj v. State of Rajasthan

Case brief

What is this about?

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