Shiv @ Shivkumar vs State Of Rajasthan

Devendra Kachhawaha, J

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.228/2021, Police Station Kolayat, District Bikaner, registered for the offence punishable under Sections 363 and 366 of the Indian Penal Code.

Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available

on record.

Learned counsel for the petitioner stated that petitioner has falsely been implicated in this case; as per statement of victim girl ‘A’, no offence

has been committed by the petitioner, she has left her home on her own will; no investigation or recovery is pending against the petitioner; and trial will

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

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that victim girl has supported the story of

prosecution.

Having regard to the facts and circumstances of the case, particularly looking to the statement of victim recorded under Section 164 Cr.P.C.; and trial

will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits 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 petitioner, Shiv @ Shivkumar S/o Imarta Ram, arrested in connection with F.I.R.

No.228/2021, Police Station Kolayat, District Bikaner, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond

of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court

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