High CourtsSingle Bench

Surendra @ Sonu @APPELLANT@Hash State Of Rajasthan And Other

Rajasthan High Court · Decided on 6 March 2018 · Citation: (2018) 03 RAJ CK 0040

HON’BLE JUDGES
PANKAJ BHANDARI, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366, 376 · Code of Criminal Procedure, 1973 — Section 161, 164, 439 · Protection of Children from Sexual Offences Act, 2012 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail No. 1071 of 2018
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Judgment

12 paragraphs · 226 words
1.

Petitioner has filed this bail application under Section 439 Cr.P.C.

2.

F.I.R. No 53/2017 was registered at Police Station Tond Garh, District Ajmer for offence under Sections 363, 366, 376 of I.P.C. and under Section

3/4 of the POCSO Act.

3.

It is contended by counsel for the petitioner that prosecutrix in this case is aged 17 years. Petitioner is aged 19 years. Both were having cordial

relations. From the medical report, no signs of recent forceful sexual assault have been observed. It is also contended that charge-sheet has been

filed. Trial would consume time. There is a delay of one and a half month in lodging the FIR.

4.

Learned Public Prosecutor has opposed the bail application.

5.

Considering the contentions put forth by counsel for the  petitioner, I deem it proper to allow the bail application.

6.

This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond

in the sum of Rs.50,000/- (Rupees Fifty thousand) together with two sureties in the sum of Rs.25,000/-(Rupees twenty five thousand) each to the

satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all

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