High CourtsSingle Bench

Manna Ram vs State Of Rajasthan

Rajasthan High Court · Decided on 13 September 2023 · Citation: (2023) 09 RAJ CK 0043

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363, 366A · Protection Of Children From Sexual Offences Act, 2012 — Section 16, 17
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 3720 Of 2023
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Judgment

5 paragraphs · 281 words

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.08/2023 Police Station Kelwara, District Rajsamand for the offences punishable under Sections 363, 366-A of IPC and Section 16/17 of Protection of Children From Sexual Offences Act, 2012.

Counsel for the petitioner submits that as per the statement of prosecutrix recorded under Section 164 Cr.P.C., present petitioner left the prosecutrix at bus station and no rape was committed with her by the present petitioner. Challan of the case has been presented against the petitioner for the offences under Sections 366 & 363 of IPC and under POCSO Act. 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 Manna Ram S/o Rodi Ram shall be released on bail in connection with FIR No. 08/2023 Police Station Kelwara, District Rajsamand 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.