Allowed

Hariram Gurjer S/O Harinarayan v. State of Rajasthan

Rajasthan HC5 Mar 2024CRLMB/324/2024

Case brief

AI extract

What is this about?

The Court allowed a bail application under Section 439 CrPC for offences under IPC and POCSO Act. The decision was based on the fact that the prosecutrix, who had stayed with the petitioner for over a year, subsequently married him and did not wish to prosecute. The petitioner had been in custody since arrest, and the chargesheet was filed.

What did the court decide?

Petitioner released on bail on furnishing personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each.

Hariram Gurjer S/O Harinarayan Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:11278]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 324/2024

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Hariram Gurjer S/o Harinarayan, R/o Bagdi, Police Station Baruni, Dist. Tonk (Raj.) (At Present Confined In J.C. Distt. Bundi)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Ms. Harshita Sharma, Adv. for Dr. Mahesh Sharma, Adv. For Respondent(s) : Mr. Prashant Sharma, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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05/03/2024

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This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No.87/2022 registered at Police Station Indragarh, District Bundi wherein he is charged for offences punishable under Section 363 IPC (later on, he is charged for offences punishable under Section 363, 366A, 376(2)(N) of IPC and Section 5(L)(M)/6 of the POCSO Act and Section 3(2)(V) of the SC/ST Act).

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Learned counsel for the petitioner submits that the prosecutrix stayed with the petitioner for more than one year and thereafter she has solemnized registered marriage with the petitioner on 03.11.2023. Counsel submits that considering this material aspect that prosecutrix is a legally wedded wife of the petitioner and the petitioner is in custody since the date of his arrest and after investigation,

[2024:RJ-JP:11278]

[CRLMB-324/2024]

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chargesheet has been filed and trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application.

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Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that after attaining the age of majority, the prosecutix performed registered marriage with the petitioner and now she does not want to prosecute the petitioner and after investigation, chargesheet has been filed and the petitioner is in custody since the date of his arrest and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C. 5. Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Hariram Gurjer S/o Harinarayan arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ANOOP KUMAR DHAND),J

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MR/63

Hariram Gurjer S/O Harinarayan v. State of Rajasthan

Case brief

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Hariram Gurjer S/O Harinarayan v. State of Rajasthan

Case brief

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