This bail petition was allowed granting release on personal bond with sureties. The court deemed it just and proper to enlarge the petitioner on bail without expressing opinion on merits of impugned FIR.
Petitioner released on bail bonded in Rs.1,00,000/- with two sureties of Rs.50,000/- 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.
[2023/RJJP/010935]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
862/2023
Golu S/o Ghanshyam, Aged About 19 Years, R/o Mani, Police Station Karvar, District Bundi (Raj.) (At Present Confined In Distt. Jail Bundi, District Bundi)
----Petitioner
Versus
State of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. Lakhan Singh Meena, Adv., with Mr. Om Prakash Meena, Adv. For : Mr. Riyasat Ali, P.P. & Respondent(s) Mr. Bheem Singh Dabla, Adv., for complainant
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
16/05/2023
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.229/2022 registered at Police Station Karvar, District Bundi for the offence(s) under Section(s) 363, 365, 376 & 376-D of IPC and under Section(s) 3/4 of POCSO Act.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that prosecutrix and her parents have turned hostile
[2023/RJJP/010935]
(2 of 2)
[CRLMB-862/2023]
during trial. He also submits that the accusedpetitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State as well as the learned counsel for the complainant have opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Golu S/o Ghanshyam shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /21
2 issues framed by the court
Whether the petitioner, accused in offences under IPC and POCSO Act, should be released on bail.
Whether the petitioner was falsely implicated and turned hostile witnesses make his bail desirable.
1 provisions across 1 enactments
Golu S/o Ghanshyam
State of Rajasthan
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
