Bail application allowed in a POCSO Section 3/4 and IPC 376 case where victim statements recorded as hostile; petitioner to furnish bond with sureties.
Released on bail with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 5012/2023
Rinku S/o Rajendra, aged about 28 Years, R/o Kamalpur, Tehsil Mahwa, District Dausa, Police Station Mahwa, District Dausa. (At Present Confined In District Jail Dausa, District Dausa)
----Petitioner
Versus
State Of Rajasthan through P.P.
----Respondent
| For Petitioner(s) | : | Mr. Anil Kumar Jain |
|---|---|---|
| For Respondent(s) | : | Mr. G.S. Rathore, GA-cum-AAG with |
| Mr. Tayyab Ali | ||
| Mr. Onkar Singh Rajpurohit for complainant |
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order
18/07/2023
This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No.104/2023 registered at Police Station Mahua, District Dausa for the offence under Section 376 of IPC and Section 3/4 of POCSO Act.
Learned counsel for the petitioner submits that the petitioner is behind the bars since 09.04.2023 and he has no criminal antecedents. During trial, statements of victim and her father have been recorded as PW-1 & PW-2 respectively and both have been declared hostile. Therefore, looking to the facts and circumstances of the case, the petitioner may kindly be released on bail.
(2 of 2) [CRLMB-5012/2023]
During the course of arguments, learned counsel for
the petitioner has submitted the certified copies of court statements of PW-1 & PW-2, which are taken on record.
Learned counsel appearing on behalf of the State and learned counsel for the complainant both have opposed the bail application.
Heard learned counsel appearing for the parties and perused the material available on record.
Considering the submissions made by learned counsel for the petitioner and looking to the court statements of PW-1 & PW-2 (victim and her father respectively) and taking into consideration overall facts & circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the petitioner- Rinku S/o Rajendra shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- 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 and as and when called upon to do so.
(CHANDRA KUMAR SONGARA) J
Satyendra/85
1 issue framed by the court
Whether the petitioner ought to be released on bail in a Section 376 IPC and Section 3/4 POCSO Act case where victim statements were recorded as hostile?
4 provisions across 3 enactments
Rinku S/o Rajendra
State Of Rajasthan through P.P.
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
