Allowed

Rohit Son of Ramkishan v. State of Rajasthan

Rajasthan HC20 Dec 2023CRLMB/9465/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. involving offences for kidnapping, rape, and sexual intercourse with a minor, the High Court allowed bail, noting the likelihood of marriage between the petitioner and the prosecutrix and that the charge-sheet was filed.

What did the court decide?

Petitioner released on bail subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the trial Judge.

Rohit Son of Ramkishan Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023:RJ-JP:40811]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9465/2023

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Rohit Son Of Ramkishan, Aged About 21 Years, Resident Of Nadi Darwaja, Chhabra, Police Station Chhabra, District Baran (Rajasthan) (At Present Confined In District Jail Baran)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Laxman Meena, P.P. Mr. K. L. Kher

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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20/12/2023

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Instant bail application has been filed by petitioner under Section 439 Cr.P.C. in connection with FIR No.75/2023 registered at Police Station- Chhabra, District- Baran for offences under Sections 363, 366, 376(2)(N), 376(3) of IPC and Sections 5(j)(ii) (L)/6 of POCSO Act.

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Counsel for petitioner argued that petitioner has wrongly been implicated in the present case and prosecutrix during the course of Court statements has turned hostile and both petitioner and prosecutrix are likely to have entered into marriage for which parents of prosecutrix also consented, charge-sheet has been filed and petitioner is not required for the purpose of investigation, the trial may take a considerable time, therefore, petitioner be enlarged on bail.

[CRLMB-9465/2023]

[2023:RJ-JP:40811]

(2 of 2)

Learned Public Prosecutor has opposed the bail application.

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Counsel for complainant does not dispute the fact of marriage between petitioner and prosecutrix.

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Having heard learned counsel for the petitioner, learned public prosecutor as well as counsel for the complainant and perusing the material available on record and considering fact that petitioner and prosecutrix are likely to have entered into marriage, charge-sheet has been filed and conclusion of trial may take a considerable time, but without commenting on merits of the case, this Court deems it just and proper to release the petitioner on bail.

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Accordingly, the bail application is allowed and it is ordered that the accused-petitioner Rohit Son Of Ramkishan shall be released 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 as and when called upon to do so.

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(SUDESH BANSAL),J

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GAURAV KUMAR /103

Rohit Son of Ramkishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rohit Son of Ramkishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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