Allowed

Ganpatram v. State of Rajasthan

Rajasthan HC1 May 2023CRLMB/456/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. concerning FIR No.387/2022 alleging offences under Sections 363 and 366 IPC, the Court allowed bail after noting that the alleged victim voluntarily accompanied the petitioner.

What did the court decide?

Petitioner released on bail on personal bond of Rs.50,000 and two sureties of Rs.25,000 each upon executing bond for appearance before trial court.

Ganpatram Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 456/2023

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Ganpatram S/o Dularam, Aged About 20 Years, R/o Kirtasar P.S. Nokha District Bikaner. (At present lodged in Central Jail, Bikaner)

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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
For Petitioner(s)	: Mr. Abhishek Mehta Mr. Mohan Singh Bhati
For Respondent(s)	: Mr. Arun Kumar,P.P.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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01/05/2023

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.387/2022 registered at Police Station Jai Narayan Vyas Colony, District Bikaner for the offences under Sections 363 and 366 IPC.

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Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record. Learned counsel for the petitioner drew the Court’s attention towards the statements of Mst. ‘R’ recorded under Section 164 Cr.P.C. Learned counsel further submitted that from the persual of the statements, it is apparent that there is no allegation of sexual assault being committed upon her by the present petitioner has been levelled. It is apparent that she went with the present petitioner voluntarily and remained in his company of her free will

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(2 of 2) [CRLMB-456/2023]

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and volition. Learned counsel submitted that in view of aforesaid and also in view of the fact that she had admitted of remaining in the company of present accused for a few days of her own free will; the petitioner is in judicial custody; and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application.

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Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on 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 bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Ganpatram S/o Dularam arrested in connection with F.I.R. No.387/2022 registered at Police Station Jai Narayan Vyas Colony, District Bikaner shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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(KULDEEP MATHUR),J

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33-Ravi Kh/-

Ganpatram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ganpatram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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