This order grants bail to the petitioner, previously detained under IPC 354 and POCSO charges, noting the victim statement was recorded and the trial will take a long time, despite the first bail application being dismissed.
Release on bail via personal bond of 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:RJ-JP:39804]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9706/2023
Sreemant Mahish @ Chanki S/o Shri Pramod Nath Mahish, Aged About 47 Years, R/o Flat No. L-628, Parshwnath Apartment, Nanta, Police Station Kunhadi, District Kota City. (At Present Confined In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : None Present For Respondent(s) : Mr. Atul Sharma, PP through VC
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
14/12/2023
No one has appeared on behalf of the petitioner.
The petitioner has been arrested in connection with FIR No.568/2022 of Police Station Kunadi Kota City, for the offence punishable under Section 354 of IPC and Section 3(M)/10 of POCSO Act. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed vide order dated 12.05.2023 by this Court as not pressed with liberty to file afresh after recording the statement of victim.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case including the facts that the statement of victim has been recorded before the trial Court as PW-1 and the petitoner is
(2 of 2)
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[CRLMB-9706/2023]
behind the bars since 28.10.2022 and trial of the case will take sufficient long time, therefore, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sreemant Mahish @ Chanki S/o Shri Pramod Nath Mahish, shall be released on bail in connection with FIR No.568/2022 of Police Station Kunadi Kota City, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
2-Raksha
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in a second application given the victim statement has been recorded.
Whether the length of delay in trial justifies granting bail to an accused confined since October 2022.
1 provisions across 1 enactments
Sreemant Mahish @ Chanki S/o Shri Pramod Nath Mahish
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
