High CourtsSingle Bench

Ganesh Kumar vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 19 December 2023 · Citation: (2023) 12 RAJ CK 0073

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 377 · Protection�Of�Children�From�Sexual�Offences�Act, 2012 — Section 3, 4 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14206 Of 2023
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Judgment

6 paragraphs · 246 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 255/2023 of Police Station Shahstri Nagar, District Jodhpur City West, for the offence punishable under Sections 377 of IPC and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the challan of the case has already been presented and no investigation is pending against the present petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ganesh Kumar S/o Shri Nand Lal shall be released on bail in connection with FIR No.255/2023 of Police Station Shashtri Nagar, District Jodhpur City West, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-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.