Allowed

Sonu S/O Brajesh Singh v. State of Rajasthan

Rajasthan HC12 Mar 2024CRLMB/380/2024

Case brief

AI extract

What is this about?

High Court of Rajasthan discharged the accused-petitioner on bail under Section 439 Cr.P.C. in connection with IPC and POCSO offences, finding it just and proper due to the prosecutrix turning hostile and denying the prosecution story.

What did the court decide?

Accused-petitioner enlarged on bail by furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each each to the satisfaction of the learned trial Judge.

Sonu S/O Brajesh Singh Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2024)

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[2024:RJ-JP:12409]

[CRLMB-380/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 380/2024

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Sonu S/o Brajesh Singh, R/o Sandola, Police Station Faizganj, District Badaun (Uttar pradesh) (At Present Confined At District Jail, 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) : Mr. Santosh, Advocate for Mr. Sudarshan Kumar Laddha, Adv. For Respondent(s) : Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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12/03/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.113/2023 registered at Police Station Gandoli, District Bundi for the offence(s) under Sections 363, 366, 376(3), 376(2)(n) of IPC and Section 3/4(2) of POCSO Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. He further submits that prosecutrix-PW.2 in her Court statement has not supported the prosecution story and has turned hostile. She denied the fact that accused-petitioner has committed any sexual offence with her. Similarly complainant PW.1-Dhannalal (grandfather of prosecutrix), PW.3-Sugna and PW.4 Kailash have also

[2024:RJ-JP:12409]

[CRLMB-380/2024]

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turned hostile and have not supported the prosecution story. The petitioner is in custody since long and trial of the case may take considerable time, therefore, the bail application may be allowed.

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Learned Public Prosecutor vehemently opposes the grant of bail application.

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Heard and perused the statement of the prosecutrix-PW.2. 5. Prosecutrix-PW.2 in her examination-in-chief has denied the prosecution story that the accused-petitioner abducted her and thereafter committed sexual offence. Without commenting anything on the merits of the case and considering the fact that prosecutrix-PW.2 has turned hostile and not supported the prosecution story, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Sonu son of Brajesh Singh in connection with FIR No.113/2023 registered at Police Station Gandoli, District Bundi 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 as and when called upon to do so.

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( PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-24

Sonu S/O Brajesh Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sonu S/O Brajesh Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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