Allowed

Deepak v. State of Rajasthan

Rajasthan HC10 Jul 2023CRLMB/4770/2023

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan at Jodhpur allowed the bail application of the accused-petitioner. The court was inclined to grant bail considering the length of the trial, without expressing an opinion on the merits of the case, subject to a personal bond.

What did the court decide?

Petitioner enlarged on bail in connection with FIR 46/2023 by furnishing personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Deepak 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. 4770/2023

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Deepak S/o Sh. Mahaveer, Aged About 18 Years, Devkhera, Chhoti Sadri Police Station, Dist. Pratapgarh. (Lodged In Dist. Jail, Pratapgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Smt. Lalita W/o Gopal, Achari, Chhoti Sadri Police Station, Dist. Pratapgarh.

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----Respondents

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For Petitioner(s) : Mr. Neeraj Kumar Gurjar For Respondent(s) : Mr. M.S. Bhati, PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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10/07/2023

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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 FIR No.46/2023 registered at Police Station Chhoti Sadri, District Pratapgarh, for offence under Sections 363, 366, 376(D)(A) of IPC, under Section 5(G)/6 of the POCSO Act and under Section 3(2)(va) of SC/ST Act.

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Learned counsel for the petitioner submitted that there is no allegation against the petitioner of committing sexual assault upon the prosecutrix. Learned counsel further submitted that the only allegation against the present petitioner who is aged about 18 years is that he helped prosecutrix in eloping with co-accused Deepak. Learned counsel submitted that the petitioner is in judicial custody since 18.02.2023; challan has already been filed

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(2 of 2) [CRLMB-4770/2023]

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and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Having considered the rival submissions, facts and circumstances of the case and looking to the possibility that the trial may take long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Deepak S/o Sh. Mahaveer shall be enlarged on bail in connection with FIR No. 46/2023 registered at Police Station Chhoti Sadri, District Pratapgarh, provided he furnishes a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the 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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(KULDEEP MATHUR),J

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84-KshamaD/-

Deepak v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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