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Ajaysingh vs State

Rajasthan High Court · Decided on 8 March 2017 · Citation: (2017) 03 RAJ CK 0025

HON’BLE JUDGES
Sandeep Mehta
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-439>Section 439</a>, <a href=3863-164>Section 164</a> - Special powers of High Court or Court of Session regarding bail - Recording of confessions and statements · <a href=14287>Prot
RESULT
Allowed
CASE NUMBER
2272 of 2017
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Judgment

27 paragraphs · 262 words
1.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

2.

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

F.I.R. No.143/2016, Police Station Paldi M., District Sirohi for the

offences under Sections 363, 366 and 376(2)(n) and Sections 3/4,

5(L)/6 of the POCSO Act.

3.

Victim Mst.M upon being examined under Section 164 Cr.P.C.

disclosed her age to be 18 years 11 months. She stated that she

was in love with the present petitioner. She accompanied him of

her own freewill and contracted marriage voluntarily. She

expressed desire to live with the petitioner. She further stated that

the petitioner did not subject her to sexual assault against her

wishes and the relations, if any, established were totally

consensual.

4.

In this background and having regard to the entirety of facts

and circumstances as available on record and upon a consideration

of the arguments advanced at the Bar, this Court is of the opinion

that the petitioner deserves to be released on bail.

5.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner namely Ajay Singh arrested in

connection with F.I.R. No.143/2016, Police Station Paldi M.,

District Sirohi shall be released on bail; provided he furnishes a

personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-

each 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.