Allowed

Aakash S/O Shri Rajesh v. State of Rajasthan

Rajasthan HC15 Feb 2024CRLMB/771/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC in a POCSO/gang rape FIR. The prosecutrix's Section 164 statement did not attribute rape to the petitioner, who was alleged only to have sent her to other accused. Bail granted on personal bond with two sureties.

What did the court decide?

Petitioner enlarged on bail on furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Aakash S/O Shri Rajesh Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:7970]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 771/2024

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Aakash S/o Shri Rajesh, Aged About 28 Years, R/o House No. 66, Gali No. 07, Harijan Basti, 22 Godam Police Station Sodala, Jaipur. (Accused Petitioner Presently Confined In Central Jail Jaipur)

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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. Amir Aziz
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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15/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Aakash S/o Shri Rajesh. The accused-petitioner has been arrested in connection with FIR No.399/2023 registered at Police Station Sadar, Jaipur for the offence(s) under Sections 376DB and 363A and Sections 5G, 6, 16 & 17 of POCSO Act and Section 76 of Juvenile Justice (Care and Protection of Children) Act, 2015.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in the case. He further submits that accused-petitioner is not connected with the alleged crime. In the FIR, name of Mukesh has been mentioned and it is also stated that brother of Mukesh i.e. accused-petitioner Aakash also committed rape with the prosecutrix, whereas, accused-petitioner is not brother of Mukesh. The caste of accused-

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petitioner is ‘Valmiki’ whereas caste of Mukesh is ‘Saini’. He further submits that the challan has already been produced in the Court and in the statement rendered under Section 164 of the Cr.P.C., prosecutrix has not named the accused-petitioner in committing rape with her. The trial of the case will take considerable time. Therefore, the benefit of bail should be granted to the accusedpetitioner.

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Per contra, learned Public Prosecutor vehemently opposes the bail application.

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Heard and perused the record.

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In the statement of prosecutrix rendered under Section 164 of the Cr.P.C., she has stated that Ram Lal, Khan Sahab and Mukesh committed sexual offence with her. It is alleged against accused-petitioner that he sent the prosecutrix to Khan Sahab, Ram Lal and Mukesh and thereafter, all of them continuously committed rape with her. Prosecutrix in her statement under Section 164 of the Cr.P.C. has not stated that accused-petitioner Aakash committed rape with her. The trial of the case may take considerable time. Without commenting anything on the merits of the case and considering the fact that prosecutrix has not stated that accused-petitioner Aakash has raped her, 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 Aakash S/o Shri Rajesh in connection with FIR No.399/2023 registered at Police Station Sadar, Jaipur 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

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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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55-Rahul Joshi

Aakash S/O Shri Rajesh v. State of Rajasthan

Case brief

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Aakash S/O Shri Rajesh v. State of Rajasthan

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