Allowed

Sushil v. State of Rajasthan

Rajasthan HC25 Jul 2024CRLMB/4639/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of a petitioner arrested under IPC Sections 363, 366, 376(2)(n), 420 and POCSO Act. Noting a contradiction in the victim’s statement regarding rape allegations, the court granted bail demanding a personal bond and two surety bonds with specific conditions.

What did the court decide?

Petitioner released on bail upon furnishing personal bond and two surety bonds with stipulation to appear before trial court and submission of bank details within 7 days.

Sushil Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JD:30333]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4639/2024

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Sushil S/o Shri Mohanlal, Aged About 25 Years, R/o Pathan Mohalla, Dhariyavad, District Pratapgarh, Rajasthan. (Presently Lodged At District Jail Pratapgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Smt. Basanti Devi W/o Dinesh Lohar, R/o Kiyanpura Road, Dhariyavad, District Pratapgarh, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. VijayKumar Gaur
For Respondent(s)	: Mr. Arun Kumar, PP with
	Mr. C.P. Marwan
	Mr. Rajendra Singh Rathore on behalf of respondent No.2

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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25/07/2024

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The Petitioner is arrested and detained in F.I.R No.57/2024 registered at Police station Dhariyavad District Pratapgarh pertaining to offence punishable under Sections 363, 366, 376(2) (n), 420 of the I.P.C. and 5/6 of the POCSO Act, 2012. By this bail application, he seeks restoration of his liberty on bail-bond.

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I have appreciated the submissions advanced by the learned defence counsel and learned Public Prosecutor as well as learned counsel for the complainant and have carefully perused the material available on record.

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I have given my anxious consideration to the rival submissions with reference to material placed before me.

[2024:RJ-JD:30333]

[CRLMB-4639/2024]

(2 of 3)

On perusal of the record and upon consideration of the submissions, it would be clear that while recording statement under Section 161 of the Cr.P.C. on 17.03.2024, though victim levelled allegation of rape against the petitioner but just after two days i.e. on 19.03.2024 while recording statement under Section 164 Cr.P.C., victim stated nothing qua offence of rape against her by the petitioner and simply deposed fact of elopement with the petitioner. Charge-sheet has been filed after investigation.

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Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that applicant is in custody since 17.03.2024; that trial is likely to take its own considerable time and taking note of all these aspects I do not intend to go into the merits of the matter but of the considered view that the applicant has available to him substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicant in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioner at this stage.

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Consequently, the present bail application is allowed and it is directed that the accused-petitioner Sushil S/o Shri Mohanlal , arrested in connection with the F.I.R. No.57/2024, registered at Police Station Dhariyavad, District Pratapgarh shall be released on bail provided he furnishes a personal bond and two surety bonds of sufficient amount to the satisfaction of the 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. This order is

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(3 of 3) [CRLMB-4639/2024]

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[2024:RJ-JD:30333]

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subject to the condition that accused, within 7 days of his release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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(RAJENDRA PRAKASH SONI),J

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7-minki/-

Sushil v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sushil v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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