The High Court of Rajasthan at Jodhpur, relying on the relationship between the accused and victim and the pre-conviction rule, granted bail under Section 439 CrPC to the accused-petitioner charged with offences under IPC and POCSO Act.
Bail allowed; petitioner to execute a personal bond of Rs. 50,000/- with 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.
[2024:RJ-JD:11331]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 127/2024
Vijay Kumar S/o Arjun Singh, Aged About 20 Years, R/o Nagla Patiram P.s. Baldev, Dist. Mathura, Utter Pradesh, Presently Tenant At Arun Singh Hpuse, Patel Nagar, P.s. Pratapnagar, Dist. Bhilwara. (Presently Lodged In Dist. Jail Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. N.K. Gurjar For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/03/2024
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 774/2023 |
| 2. | Concerned Police Station | Pratapnagar |
| 3. | District | Bhilwara |
| 4. | Offences alleged in the FIR | Section 363 of the IPC |
| 5. | Offences added, if any | Sections 366 & 376(1) of the IPC & Section3/4 of the POCSO Act |
| 6. | Date of passing of impugned order |
19.12.2023 |
(2 of 3)
[2024:RJ-JD:11331]
[CRLMB-127/2024]
incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accusedpetitioner and he has been made an accused based on conjectures and surmises.
[2024:RJ-JD:11331]
[CRLMB-127/2024]
(3 of 3)
(FARJAND ALI),J
27-Mamta/-
3 issues framed by the court
Whether bail to the accused-petitioner charged with offences under Section 363 IPC, Sections 366 & 376(1) IPC, and Sections 3/4 of the POCSO Act should be granted given the consensual nature of relati
Whether the special nature of the charges involving minors under POCSO precludes bail when there are indications of a consensual or intended marital relationship.
Whether the accused is entitled to bail under the principle that bail is the rule at the pre-conviction stage.
1 provisions across 1 enactments
Vijay Kumar
State Of Rajasthan
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
