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Manoj Mehata vs State Of Rajasthan

Rajasthan High Court · Decided on 4 December 2020 · Citation: (2020) 12 RAJ CK 0021

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 161, 164, 437(3), 439 · Indian Penal Code, 1860 — Section 376 · Protection Of Children from Sexual Offences Act, 2012 — Section 3, 4, 5
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14816 Of 2020
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Judgment

15 paragraphs · 334 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 98/2020 registered

at Police Station Kanwas, District Kota Rural for the offence under Section(s) 376 of IPC & Section 4/5 of POCSO Act and later on for the offence

under Section(s) 376 of IPC & Section 3/4 of POCSO Act.

It is contended by the learned counsel for the petitioner that although, in the FIR as well as in the statement of the prosecutrix recorded under Section

161 Cr.P.C., there is allegation against him of subjecting her to rape; but, she has levelled no such allegation in her statement recorded under Section

164 Cr.P.C. He submitted that even otherwise also, the prosecutrix could not have been subjected to rape inside her home when all the family

members were present had the prosecutrix raised alarm. He submits that the petitioner is in custody since 17.09.2020, charge sheet has been filed, he

has no criminal antecedents and prays 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 the charge sheet, absence of criminal antecedents and the material available in the

charge sheet; 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 Manoj Mehata S/o Shri Hari Shankar Kirad 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.