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Manish Kumar vs State Of Rajasthan

Rajasthan High Court · Decided on 3 July 2020 · Citation: (2020) 07 RAJ CK 0211

HON’BLE JUDGES
Manoj Kumar Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363, 376(2)(h) · Protection Of Children from Sexual Offences Act, 2012 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 6043 Of 2020
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Judgment

18 paragraphs · 356 words
1.

This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 151/2020

registered at Police Station Mahaveer Nagar, Kota City, Kota for offence under Sections 363 and 376 (2) (h) IPC read with Section 3/4 of POCSO

Act, 2012.

2.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. The case was registered when the

prosecutrix and her family were not invited in the marriage of the petitioner which was solemnized on 25.02.2020. On the next date of his marriage

this FIR was lodged. Statement of prosecutrix under Section 164 Cr.P.C. do not support the allegation.

3.

Heard and perused the record of the case. The offence is alleged to have been committed on 10.02.2020 while FIR was lodged on 26.02.2020. In

her statement under Section 164 Cr.P.c. prosecutrix has stated that the petitioner did not invite her to his wedding. Hence, she filed this false report in

her statement under Section 164 Cr.P.C. She has not supported the allegation against the petitioner.

4.

Learned Public Prosecutor has opposed the bail application.

5.

I have considered the contentions.

6.

On consideration of arguments/submissions of both the parties, perusal of material on record and looking to the facts and circumstances of the case,

but without commenting upon detailed merits of the case, this court deems it fit to enlarge the accused on bail.

7.

Therefore, the bail application is allowed. Accused-petitioner Manish Kumar S/o Anil Kumar Yadav shall be released on bail in FIR No. 151/2020

registered at Police Station Mahaveer Nagar, Kota City, Kota, if he is not wanted in any other case, provided he furnishes a personal bond in the sum

of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the

satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all

subsequent dates of hearing and as and when called upon to do so.