High CourtsSingle Bench

Pawan Kumar vs State, Through Pp

Rajasthan High Court · Decided on 4 February 2020 · Citation: (2020) 02 RAJ CK 0096

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 363, 377 · Protection of Children from Sexual Offences Act, 2012 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1555 Of 2020
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Judgment

6 paragraphs · 227 words

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.148/2019 Police Station Talwada, District Hanumangarh for the offences under Sections 363, & 377 IPC and Section 3/4 of the POCSO Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner that victim has appeared before the learned trial Court as PW-1 and did not support the case of prosecution and thus, he had been declared hostile.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Pawan Kumar S/o Shri Vinod Kumar, arrested in connection with F.I.R. No.148/2019, P.S. Talwada, District Hanumangarh, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each 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.