High CourtsSingle Bench

Kuldeep vs State Of Rajasthan

Rajasthan High Court · Decided on 8 January 2021 · Citation: (2021) 01 RAJ CK 0280

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 437(3), 439 · Indian Penal Code, 1860 — Section 344, 345, 363, 366A, 376 · Protection Of Children from Sexual Offences Act, 2012 — Section 5, 6
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14443 Of 2020
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Judgment

14 paragraphs · 290 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 117/2020 registered

at Police Station Khetri, District Jhunjhunu for the offence under Section(s) 363 of IPC and later on for the offence under Section(s)

363,366(A),376,344 and 345 of IPC and Section 5/6 of The Protection of Children from Sexual Offences Act, 2012.

Drawing attention of this Court towards the statement of the prosecutrix recorded under Section 164 CrPc, learned counsel for the petitioner

contended that she has neither named the petitioner therein nor, any allegation has been levelled against him of either kidnapping or subjecting her to

rape. He submitted that the petitioner is in custody since 17.7.2020, charge-sheet has been filed, trial of the case will take time and prayed for his

release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegations against him, his length of custody, filing of charge-sheet and the material available in the case diary; but, without expressing

any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Kuldeep S/o Bajrang Lal shall be released on bail under Section

439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.