High CourtsSingle Bench

Ravi vs State

Rajasthan High Court · Decided on 4 February 2021 · Citation: (2021) 02 RAJ CK 0023

HON’BLE JUDGES
Devendra Kachhawaha, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363, 366A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 619 Of 2021
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Judgment

19 paragraphs · 369 words

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R.

No.240/2020, Police Station Raisinghnagar, District Sriganganagar, registered for the offences punishable under Sections 363, 366A of IPC.

Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that there is no allegations of sexual harassment against the accused-petitioner; victim 'S' has been recovered

long back; statement of victim has been recorded under Section 164 Cr.P.C. Learned counsel further stated that further investigation and trial of the

case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the

petitioner.

On the contrary, learned Public Prosecutor fervently and vehemently opposed the bail application and stated that victim 'S' is 16 years old girl child and

she has supported the story of kidnapping by the accused-petitioner.

In reply, learned counsel for the petitioner stated that no offence of POCSO Act has been accepted by the prosecution itself.

After considering the arguments advanced by both the sides, having regard to the facts and circumstances of the case, particularly to the fact that as

per the statement of victim 'S' recorded under Section 164 Cr.P.C, victim clearly stated that she was not raped by the accused-petitioner; that further

investigation and trial of the case will take sufficiently long time, therefore, without expressing any opinion on the merits of the case, this Court is of

the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Ravi S/o Sh. Ganga Ram, arrested in connection with F.I.R.

No.240/2020, Police Station Raisinghnagar, District Sriganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a

personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the

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.