High CourtsSingle Bench

Dilip Siyag vs State Of Rajasthan

Rajasthan High Court · Decided on 31 May 2022 · Citation: (2022) 05 RAJ CK 0165

HON’BLE JUDGES
Dr.Pushpendra Singh Bhati, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 342, 363, 366A, 376(3), 376DA · Protection Of Children From Sexual Offences Act, 2012 — Section 3, 4(2), 5(g), 6 · Code Of Criminal Procedure, 1973 — Section 164, 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 7091 Of 2022
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Judgment

7 paragraphs · 251 words

Dr Pushpendra Singh Bhati, J

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.35/2021 of Police Station Anandpur Kalu, District Pali for the offences punishable under Sections 363, 366A, 342, 376(3), 376DA/120B of IPC and Sections 3/4(2) & 5(g)/6 of POCSO Act.. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the allegation of rape is upon Suresh and Dilip was merely a facilitator of room as reflected in the statement rendered by the prosecutrix under Section 164 Cr.P.C.

Learned Public Prosecutor opposes 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 Dilip Siyag S/o Hadmanram, shall be released on bail in connection with FIR No.35/2021 of Police Station Anandpur Kalu, District Pali 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.