Allowed

Devi Lal @ Ganpat v. State of Rajasthan

Rajasthan HC26 May 2023CRLMB/3404/2023

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Farjand Ali allowed the second bail application of the petitioner, Devi Lal, arrested in connection with offences under IPC and POCSO. Despite noting the victim is a major girl, the Court granted bail primarily due to the expectation that the trial will take a sufficiently long time.

What did the court decide?

Petitioner released on bail upon furnishing a personal bond of ₹50,000 and two sureties of ₹25,000 each for appearance until trial completion.

Devi Lal @ Ganpat Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJD/017603]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous II^nd Bail Application No. 3404/2023

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Devi Lal @ Ganpat S/o Mangi Lal, Aged About 30 Years, Derajsar, P.s. Sheruna, Teh. Sri Dungargarh, Dist. Bikaner. (Lodged In Sub Jail, Balotra).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Dhapu Devi W/o Bhaga Ram, Mitha Bera, Bamnor, Dhanau, Dist. Barmer, Raj.

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----Respondents

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For Petitioner(s) : Mr. Ramesh Siyag For Respondent(s) : Mr. Gaurav Singh, AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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26/05/2023

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.02/2023 registered at Police Station Dhanau, District Barmer for the offences punishable under Sections 363, 366, 366-A & 120-B of IPC and Section 16/17 of POCSO Act.

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Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the case diary so also the material available on record.

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At the outset, learned Public Prosecutor has stated that the victim has been recovered and all investigation has been done. The statement of the victim has been recorded. A perusal of the statement recorded under Section 161 of Cr.P.C. reveals that she

[2023/RJJD/017603]

[CRLMB-3404/2023]

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is a major girl and went with the petitioner at her own free will and volition and established physical relationship as per he wishes.

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Having regard to the facts and circumstances of this case, particularly the fact that trial of the case will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the second bail application is allowed. It is ordered that the accused-petitioner – Devi Lal @ Ganpat S/o Mangi Lal arrested in connection with F.I.R. No.02/2023 registered at Police Station Dhanau, District Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of ₹50,000/- (Rupees Fifty Thousand) and two sureties of ₹25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(FARJAND ALI),J

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57-AnilKC/-

Devi Lal @ Ganpat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Devi Lal @ Ganpat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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