The Court granted bail to an accused charged with rape and POCSO offences, noting he was not specifically named by the victim as the rapist and was involved only by association, considering his youth and prolonged custody.
Bail granted with 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.
[2024:RJ-JP:5623]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 25/2024
Yogendra Jaga @ Jogendra S/o Shri Shyamsundar, Aged About 19 Years, R/o Dhadren, P.s. Bayana, District Bharatpur, At Present Navdurga Mandir Ke Pass, Civil Lines, Khand Ganwadi, P.s. Nayapura, Kota (Raj.). (Accused At Present Confined In Central Jail, Kota)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.Samarth Sharma For Respondent(s) : Mr.Riyasat Ali, Public Prosecutor
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
02/02/2024
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the accused-petitioner – Yogendra Jaga @ Jogendra. The petitioner has been arrested in connection with FIR No.509/2023 registered at Police Station Gumanpura, District Kota City (Raj.) for the offence(s) under Section 376(2)(n) of IPC, under Section 5 and 6 of Protection of Children from Sexual Offences Act, 2012 as well as under Section 3(2)(v) of SC & ST Act.
Learned counsel for the petitioner submits that allegation of committing rape with the prosecutrix has been levelled against other co- accused – Suraj and there is no allegation against the present accused-petitioner that he committed rape with the victim.
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[CRLMB-25/2024]
(2 of 3)
Learned counsel submits that in the statement, recorded under Section 164 Cr.P.C., the victim has specifically stated that the co-accused – Suraj committed rape with her.
Learned counsel further submits that the present accusedpetitioner has been involved merely on account that he, along with the main accused, went with the prosecutrix on the same motorcycle. Apart from that, there is no other evidence against the present accused-petitioner indicating his active involvement in the alleged crime.
Learned counsel also submits that FIR is delayed by nine days.
Learned counsel submits that the accused petitioner is in judicial custody since 23rd October, 2023 and trial of the case may take considerable time. Therefore, the benefit of grant of bail may be granted to the accused-petitioner, as he is a young boy of 19 years old.
Per contra, learned Public Prosecutor has opposed the bail application.
Considering the arguments advanced by the counsel for the parties and after going through the statement of victim, recorded under Section 164 Cr.P.C. as well as looking to the fact that victim has not mentioned name of the present accused-petitioner for committing rape with her, as main allegation of committing rape is against the other co-accused – Suraj, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner – Yogendra Jaga @ Jogendra S/o Shri Shyamsundar, in connection with FIR No.
[2024:RJ-JP:5623]
[CRLMB-25/2024]
(3 of 3)
509/2023 registered at Police Station Gumanpura, District Kota City (Raj.) shall be enlarged 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 and as and when called upon to do so.
(PRAVEER BHATNAGAR),J
Preeti Asopa /28
1 issue framed by the court
Whether the accused, not specifically named in the victim's statement as the perpetrator, is entitled to bail given his limited involvement and youth?
4 provisions across 4 enactments
Yogendra Jaga @ Jogendra
State Of Rajasthan
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
