High CourtsSingle Bench

Ashok Kumar vs State Of Rajasthan

Rajasthan High Court · Decided on 19 May 2021 · Citation: (2021) 05 RAJ CK 0080

HON’BLE JUDGES
Dr. Pushpendra Singh Bhati, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354, 354A, 363, 366, 376, 511 · Protection of Children from Sexual Offences Act, 2012 — Section 9, 10, 11, 12 · Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(va), 3(i)(w)(i)(ii) · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Interim Bail Application No.6382 Of 2021
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Judgment

23 paragraphs · 371 words

In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all

concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.260/2018 of Police Station Kesarisinghpur, Sriganganagar for the offences punishable

under Sections 363, 366, 354, 354A, 376/511 IPC and Sections 9/10, 11/12 of POCSO Act and Sections 3(2)(va) and 3(i)(w)(i)(ii) of SC/ST

(Prevention of Atrocities) Act.

He has preferred this interim bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner is suffering from serious ailments being Paralysis, skin disease, gangrene and other

medical issues.

Learned counsel for the petitioner further submits that though the prayer made in this bail application is for grant 15 days interim bail, but since

subsequently, the petitioner's medical condition has deteriorated, therefore, may be granted 30 days' interim bail.

Learned Public Prosecutor though opposes the interim bail application, but submits that there are no aggravating reasons for denying the petitioner the

indulgence of interim bail, and also simultaneously, confirms the medical condition of the present petitioner, being verified from the concerned

authorities.

Thus, having regard to the overall facts and circumstances of the case, this Court is of the opinion that the petitioner deserves to be enlarged on

interim bail for a period of 30 days.

In view of the above, the present interim bail application is disposed of and it is ordered that the accused- petitioner Ashok Kumar S/o Parmanand,

arrested in connection with FIR No.260/2018 of Police Station Kesarisinghpur, Sriganganagar shall be released on interim bail for a period of 30 days

from the date of his actual release on his furnishing personal bond of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each (out of

which one shall be of accused- petitioner's close family member) to the satisfaction of learned trial court that he will surrender before the concerned

Jail Authorities immediately after completion of 30 days of interim bail.

Let this bail application be again listed on 06.07.2021, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be

required to submit the compliance of this order.