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Kamal Kishore And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 10 March 2021 · Citation: (2021) 03 RAJ CK 0077

HON’BLE JUDGES
Inderjeet Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 376(2)(I), 376(3), 376D · Protection Of Children from Sexual Offences Act, 2012 — Section 5G, 6 · Information and Technology (Amendment) Act, 2000 — Section 67B
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 4114 Of 2021
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Judgment

4 paragraphs · 220 words
1.

The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. 0189/2020 Registered at Police Station Kishangarh, District Ajmer for the offence(s) under Sections 376(2)(I), 376-D of IPC and Section 5G, 6 of POCSO Act and Section 67-B of Information and Technology (Amendment) Act, 2000 (in F.I.R.) & under Sections 376(3), 376(2)(I), 376-D of IPC and Section 5G/6 of POCSO Act and Section 67-B of Information and Technology (Amendment) Act, 2000 (in Order).

2.

Counsel for the petitioners submits that the petitioners have been falsely implicated in this matter. Counsel further submits that prosecutrix (PW-3) and her mother and father have not supported the case of prosecution during trial and all of them have been declared hostile by the learned trial court.

3.

Learned Public Prosecutor has opposed the bail application.

4.

Considering the material on record and taking into account the facts and circumstances of the case and also considering the statements of prosecutrix (PW-3) and her mother and father and without expressing any opinion on the merits of the case, this petition is allowed. Petitioners be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.