High CourtsSingle Bench

Rakesh Kumar vs State Of Rajasthan

Rajasthan High Court · Decided on 19 May 2021 · Citation: (2021) 05 RAJ CK 0087

HON’BLE JUDGES
Dr. Pushpendra Singh Bhati, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366, 376 · Protection of Children from Sexual Offences Act, 2012 — Section 3, 4 · Code Of Criminal Procedure, 1973 — Section 164, 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 4392 Of 2021
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Judgment

17 paragraphs · 323 words

In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all

concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.110/2020 of Police Station Bidasar, Churu for the offences punishable under Sections 363,

366 & 376 IPC and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has pointed out from the statement rendered by the prosecutrix under Section 164 Cr.P.C., in which, she has

admitted her travelling with the present petitioner at various public places through public transportation, even so much so, from Bidasar to Sujangarh

and from Sujangarh to Nagaur, and thereafter, from Nagaur to Jodhpur. Learned counsel further submits that the prosecutrix also travelled alone in a

Bus to come to the petitioner on 14.08.2020. Learned counsel also submits that the present petitioner is a young boy aged 20 years.

Learned Public Prosecutor opposes the bail application.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time

and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rakesh Kumar S/o Sh. Hajari Ram shall

be released on bail in connection with FIR No.110/2020 of Police Station Bidasar, Churu provided he executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.