Allowed

Vijay Bhoi S/O Shri Chotulal v. State of Rajasthan

Rajasthan HC22 Feb 2024CRLMB/695/2024

Case brief

AI extract

What is this about?

Regular bail application in a POCSO/IPC case arising from FIR No.102/2023. The prosecutrix turned hostile and denied rape. The court, without commenting on merits, enlarged the accused on bail on a personal bond with two sureties.

What did the court decide?

Accused enlarged on bail: personal bond Rs.50,000/- with two sureties of Rs.25,000/- each to the trial Judge's satisfaction.

Vijay Bhoi S/O Shri Chotulal Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:9173]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 695/2024

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Vijay Bhoi S/o Shri Chotulal, R/o Kotadi Gordhanpura, Near Samudayik Bhawan, Kotadi P.s. Gumanpura, Kota City (Raj.). (Accused At Present Confined In Central Jail Kota)

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----Petitioner

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Versus

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State of Rajasthan, Through PP

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		----Respondent
For Petitioner(s)	: Mr. Samarth Sharma
For Respondent(s)	: Mr. Imran Khan-PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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22/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Vijay Bhoi S/o Shri Chotulal. The petitioner has been arrested in connection with FIR No.102/2023 registered at Police Station Mandana, District Kota, Rural (Raj.) for the offence(s) under Section 363 of the IPC.

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Learned counsel for the petitioner submits that the accusedpetitioner has been falsely implicated under Sections 363, 366, 376(3) and 376(2)(N) of IPC and under Section 5(G)/6 of POCSO Act. The prosecutrix in her statement before the learned trial Court has turned hostile and after cross-examining by the learned Special Public Prosecutor she has refuted that accused-petitioner committed rape with her. He further submits that the trial of the case will take considerable time. Therefore, the benefit of bail should be granted to the accused-petitioner.

[2024:RJ-JP:9173]

[CRLMB-695/2024]

(2 of 2)

Per contra, learned Public Prosecutor opposes the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that PW-1 prosecutrix has turned hostile and denied the fact that accused-petitioner committed rape with her, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Vijay Bhoi S/o Shri Chotulal in connection with FIR No.102/2023 registered at Police Station Mandana, District Kota, Rural (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 as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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58-Rahul Joshi

Vijay Bhoi S/O Shri Chotulal v. State of Rajasthan

Case brief

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Vijay Bhoi S/O Shri Chotulal v. State of Rajasthan

Case brief

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What did the court decide?

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