In a bail application under Section 439 Cr.P.C., the High Court of Rajasthan allowed the petitioner's release on personal bond and two sureties, accepting submissions regarding false implication and the prolonged trial for offences under IPC and POCSO.
Petitioner released on bail on personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No.706/2023
Deevan @ Bapuda S/o Late Shri Shankar, aged about 20 Years, R/o Vakhatpura, Police Station Arthuna, at present Panchvada, Police Station Arthuna, District Banswara, Rajasthan. (Presently lodged in District Jail, Banswara)
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Shambhoo Singh Rathore |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi,P.P. |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
18/05/2023
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.57/2022 registered at Police Station Arthuna District Banswara for the offences punishable under Sections 363, 366, 344, 376(2)(n), 376(3) IPC and Section 5(L)/6 POCSO Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that prosecutrix Mst. ‘N’ aged about 16 years old voluntarily eloped with present petitioner on his motorcycle who is aged about 20 years.
Drawing attention of the Court towards the statement of prosecutrix recorded under Section 164 Cr.P.C., learned counsel
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submitted that from the perusal of aforesaid statement, it is evident that the petitioner and prosecutrix travelled to Ahmedabad using public transportation. Learned counsel submitted that they stayed in thickly populated areas and thus, the prosecutrix had ample opportunities of disclosing the fact of being abducted or sexually assaulted to co-passengers or neighbours/people living nearby to the place where they resided. Learned counsel submitted that as a matter of fact, the petitioner has been falsely implicated in the present case on the relationship between prosecutrix and petitioner turning strained. Challan in the case has already been filed. 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.
Per contra, learned Public Prosecutor has vehemently opposed the bail application.
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.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Deevan @ Bapuda S/o Late Shri Shankar arrested in connection with F.I.R. No.57/2022 registered at Police Station Arthuna District Banswara 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
[CRLMB-706/2023]
(3 of 3)
date of hearing and whenever called upon to do so till completion
of the trial.
(KULDEEP MATHUR),J
13-Ravi Kh/-
3 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under IPC and POCSO Act.
Whether the petitioner's claim of false implication and the strained relationship justify release on bail.
Whether the length of the trial warrants granting bail to the incarcerated accused.
1 provisions across 1 enactments
Deevan @ Bapuda S/o Late Shri Shankar
State of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
