High CourtsSingle Bench

Ravi vs State Of Rajasthan

Rajasthan High Court · Decided on 21 November 2020 · Citation: (2020) 11 RAJ CK 0070

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363, 366-A, 376 · Protection Of Children from Sexual Offences Act, 2012 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 12888 Of 2020
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Judgment

16 paragraphs · 332 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.51/2020 registered

at Police Station Mahila Thana Bhiwadi, District Alwar (Rajasthan) for the offence under Section(s) 363 & 366-A of I.P.C. and later on for the

offence under Section(s) 363, 366-A & 376 of I.P.C. and 3/4 of POCSO Act.

It is contended by learned counsel for the petitioner that the petitioner has married with the prosecutrix, she being major. He submitted that they have

filed a joint criminal writ petition No.3118/2020 in the High Court of Punjab and Haryana wherein the Hon'ble Court was pleased vide order dated

21.05.2020, to direct the authorities to afford them necessary protection after considering their representation. He submitted that the prosecutrix has

levelled no allegation against him in her statement recorded under Section 164 Cr.P.C. He submitted that the petitioner is in custody since 19.09.2020,

investigation as against the petitioner is complete, he has no criminal antecedents and prays for release of the petitioner on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegation against the petitioner, his length of custody, absence of criminal antecedents and especially the statement of the prosecutrix

recorded under Section 164 Cr.P.C.; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Ravi Son of Itwari shall be released on bail under Section 439

Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.