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Chandan Singh @ Chandu vs State Of Rajasthan

Rajasthan High Court · Decided on 9 June 2020 · Citation: (2020) 06 RAJ CK 0039

HON’BLE JUDGES
Dr. Pushpendra Singh Bhati, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366, 376 · Protection Of Children from Sexual Offences Act, 2012 — Section 5, 6 · Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(2)(VA) · Code Of Criminal Procedure, 1973 — Section 164, 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 5394 Of 2020
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Judgment

6 paragraphs · 362 words

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This Court perused the material available on record. The petitioner has been arrested in connection with FIR No.08/2020 of Police Station Ognaa, District Udaipur for the offences punishable under Sections 363, 366, 376 IPC read with Sections 5, 6 of POCSO Act read with Section 3(2)(VA) of SC/ST Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has produced the copy of the statement of the prosecutrix recorded under Section 164 Cr.P.C. which has already been sent to the learned Public Prosecutor on WhatsApp. The statement indicates that age of the girl is 17 years 9 months and age of the boy is 21 years and both travelled voluntarily and remained together for 13 days. It is also indicated in the statement that they lived as husband and wife as the petitioner worked at a breakfast center and came back at night and used to have forceful sexual relationship with prosecutrix, who continued to stay with him, and thus, the consensual relationship is reflected.

The petitioner is in custody since 24.01.2020 and charge sheet, in this case, has already been filed.

Learned Public Prosecutor opposed the bail application. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Chandan Singh @ Chandu S/o Bhikham Singh shall be released on bail in connection with FIR No.08/2020 of Police Station Ognaa, District Udaipur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.