High CourtsSingle Bench

Rajendra vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 17 November 2022 · Citation: (2022) 11 RAJ CK 0082

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366A · Protection Of Children From Sexual Offences Act, 2012 — Section 16, 17 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 12524 Of 2022
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Judgment

6 paragraphs · 252 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.27/2022 of Police Station Chakhu, for the offence punishable under Sections 363, 366-A of IPC and Section 16/17 of POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that according to the statement of prosecutrix, no allegation of rape has been levelled against the present petitioner. Challan of the case has already been presented and no investigation is pending. The accused-petitioner 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-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

Having regard to facts and circumstances of the case without expressing any opinion on the merit and demerit of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rajendra S/o Santosh Singh, shall be released on bail in connection with FIR No.27/2022 of Police Station Chakhu, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.