The High Court allowed a bail application for an accused in a case involvingIPC Sections 363, 366, 376D, POCSO, and others. The court noted a consensual relationship and minor victim's age concealment, granting bail without commenting on merits.
Petitioner 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. 642/2023
Pawan Kumar Son Of Rajesh, Resident Of Kutti Ward No. 9 Bandikui, Thana Bandikui District Dausa Rajasthan ( Presently In J.c. In Jail At Dausa.)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. G.L. Sharma For Respondent(s) : Mr. M.K. Sheoran, PP Mr. Namo Narayan Sharma, for the complainant
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
13/09/2023
[CRLMB-642/2023]
(2 of 3)
testimony of the proxecutrix, wherein she admitted the fact that there was friendship between her and the petitioner. He further submits that prosecutrix never disclosed her actual age to the petitioner and always presented herself as major. He further submits that prosecutrix left her parental home on her own free will and remained in the company of the petitioner for sufficient time which is evident from the letter written by the prosecutrix to her parents and the said fact has been admitted by the prosecutrix in her cross-examination. He further submits that relative of the petitioner has already been granted bail by a Coordinate Bench of this Court. He further submits that petitioner is in custody sinc e 24.9.2022 and chargesheet has been filed and trial will take considerable time.
(3 of 3) [CRLMB-642/2023]
furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(ANIL KUMAR UPMAN),J
ANAND TANWAR /38
1 issue framed by the court
Whether bail should be granted to an accused falsely implicated in offences involving a minor victim with whom he had a consensual relationship.
1 provisions across 1 enactments
Pawan Kumar
State Of Rajasthan
Anil Kumar Upman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
