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Radheyshyam vs State Of Rajasthan

Rajasthan High Court · Decided on 6 July 2020 · Citation: (2020) 07 RAJ CK 0131

HON’BLE JUDGES
Pankaj Bhandari, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 931 Of 2020

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Judgment

14 paragraphs · 233 words
1.

Defect pointed out by the Registry is waived.

2.

Appellant has preferred this appeal aggrieved by order dated 22.05.2020 passed by Special Judge, POCSO cases, Sikar, whereby bail application

under Section 439 Cr.P.C. filed by the appellant was rejected.

3.

F.I.R. No.329/2019 was registered at Police Station Ajeetgarh, Sikar for offence under Sections 363, 366, 376, 376(3) of I.P.C. and Section 5(L)/6

of POCSO Act and 3 (2)(5A) of SC/ST Act.

4.

It is contended by the counsel for the appellant that prosecutrix is a major. She entered into a marriage with the appellant. Appellant has remained

in custody for a period of eight months.

5.

Learned Public Prosecutor has opposed the appeal.

6.

I have considered the contentions.

7.

Considering the contentions put-forth by the counsel for the appellant, I deem it proper to allow the appeal.

8.

The order dated 22.05.2020 passed by Special Judge, POCSO cases, Sikar is set aside and the appeal is allowed and the appellant is directed to be

released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One lac only) and two sureties in the sum of Rs.50,000/- (Rupees

Fifty thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter

is transferred, on all dates of hearing and as and when called upon to do so.