Allowed

Sunil S/O Ramesh v. State of Rajasthan

Rajasthan HC9 Jan 2024CRLMB/71/2024

Case brief

AI extract

What is this about?

Bail application in a POCSO and IPC sexual assault case where the prosecutrix and her mother turned hostile. Court granted bail citing hostility of witnesses, filed charge-sheet, absence of criminal antecedents and custody period, without commenting on merits.

What did the court decide?

Accused released on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to appearing before trial court on all hearing dates.

Sunil S/O Ramesh Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 71/2024

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Sunil S/o Ramesh, Aged About 21 Years, R/o Jagarampura Patti, Police Station Sikandra, At Present R/o House No. 244, Manu Enclave 2 Bindayaka, Police Station Bindayaka, Jaipur. (At Present Lodged In District Jail, Dausa).

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----Petitioner

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Versus

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State Of Rajasthan, Through Special Pp

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----Respondent

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For Petitioner(s)	: Mr.	Ritesh Jain with
	Mr.	Ramdas Arya
For Respondent(s)	: Mr.	M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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09/01/2024

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Petitioner has filed this bail application under Section 439 of Cr.P.C.

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F.I.R. No. 422/2023 was registered at Police Station Sikandra, District Dausa for offence under Section 363 & 376(2) (n) of IPC and under Sections 3 & 4 of POCSO Act. Later on, police filed charge-sheet in this matter for offences under Sections 363, 376(2)(n), 450 of IPC and Section 5/6 of POCSO Act.

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It is contended by counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel for the petitioner submits that during the course of trial, prosecutrix has been examined as PW-1. He further submits that prosecutrix has not supported the prosecution case and she has

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(2 of 3) [CRLMB-71/2024]

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been declared hostile. Counsel further submits that mother of the prosecutrix has also been examined as PW-2 and she has also not supported the prosecution case. He further submits that prosecutrix is aged about 17 years. He further submits that there are no criminal antecedents of the petitioner. He further submits that petitioner is in custody since 02.09.2023. He further submits that charge-sheet has been filed in this matter and trial will take considerable time. Counsel contends that further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor has opposed this bail application but fairly concedes that prosecutrix has not supported the prosecution case.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties and especially the fact that prosecutrix has not supported the prosecution case and she has been declared hostile; charge-sheet has been filed in this matter; absence of criminal antecedents; and period of custody, but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he

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(3 of 3)

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[CRLMB-71/2024]

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shall appear before that Court and any court to which the matter

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is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(ANIL KUMAR UPMAN),J

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ANANDTANWAR/85

Sunil S/O Ramesh v. State of Rajasthan

Case brief

What is this about?

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Sunil S/O Ramesh v. State of Rajasthan

Case brief

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What did the court decide?

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