High CourtsSingle Bench

Prakash vs State of Rajasthan

Rajasthan High Court · Decided on 26 April 2016 · Citation: (2016) 2 RajCriC 678

HON’BLE JUDGES
Ms. Nirmaljit Kaur, J.
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 376 · Protection of Children from Sexual Offences Act, 2012 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Cr. MiscII Bail Application No. 3133 of 2016
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Judgment

5 paragraphs · 182 words

Ms. Nirmaljit Kaur, J.—The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with CR No. 73/2014, Police Station Marwar Junction, district Pali for the offences under Section 376 IPC and Section 3/4 of the POCSO Act.

2.

As per the medical report, no definite opinion can be given with respect to the rape. The FSL report has come negative.

3.

Taking into account the facts and circumstances of the case, this Court deems it just and proper to release the petitioner on bail.

4.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused petitioner Prakash s/o Mangilal shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

5.

However, nothing said herein will have any bearing on the merits of the case.