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Narendra @ Kalu Lal Sen vs State Of Rajasthan

Rajasthan High Court · Decided on 5 June 2020 · Citation: (2020) 06 RAJ CK 0029

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 161, 164, 439 · Scheduled Caste And Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(W)(ii), 14A(2) · Indian Penal Code, 1860 — Section 341, 354, 354D · Protection Of Children from Sexual Offences Act, 2012 — Section 7, 8, 11, 12
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 460 Of 2020
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Judgment

5 paragraphs · 333 words

Heard learned counsel for the appellant and the learned Public Prosecutor and perused the statements of the prosecutrix recorded under Sections 161 & 164 Cr.P.C.

The instant appeal has been filed under Section 14A(2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.68/2020, Police Station Begun, District Chittorgarh for the offences under Sections 341, 354, 354-D IPC, Sections 7/8, 11/12 POCSO Act and Section 3(1)(W)(ii) of SC/ST (Prevention of Atrocities) Act against the order dated 13.05.2020 passed by learned Special Judge, POCSO Act Cases, Chittorgarh whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

It has been submitted on behalf of the appellant that in her statements recorded under Sections 161 & 164 Cr.P.C., the prosecutrix has not levelled any serious allegations against the appellant. The accused-appellant 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- appellant.

Learned Public Prosecutor has opposed the prayer for bail. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 13.05.2020 passed by learned Special Judge, POCSO Act Cases, Chittorgarh is set aside. It is ordered that the accused- appellant Narendra @ Kalu Lal Sen S/o Kailash Chandra arrested in connection with FIR No.68/2020, Police Station Begun, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and one surety bond of Rs.50,000/- to the satisfaction of the learned trial court with the stipulation to appear before that court on all dates of hearing and as and when called upon to do so.