Rajasthan High Court - Jaipur
Vishal S/O Shri Ramlal Bairwa vs State Of Rajasthan on 9 March, 2021
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2763/2021
Vishal S/o Shri Ramlal Bairwa, R/o Hirnikheda Ps Syopur Kotwali
Dist. Syopur M.P. (At Present Confined At Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Abdul Kalam Khan
For Respondent(s) : Mr. M.S. Saini, PP
For Complainant(s) : Mr. Narendra Prasad Meena
Mr. Yogesh Kumar, SI, SHO, Khatoli
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
09/03/2021
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.0040/2020 registered at Police Station Khatoli, District Kota Rural for the offence(s) under Sections 363 of IPC (In FIR) and under Sections 363, 366, 376(2)(N) of IPC and Sections 5/6, 11/12 of POCSO Act (In Order).
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that according to the statement of prosecutrix recorded under Section 164 Cr.P.C., no allegation of committing rape has been levelled by her against the accused-petitioner. Counsel further submits that she stayed with the petitioner at her own free will for about 8 months. Counsel further submits that the petitioner is behind the (Downloaded on 13/03/2021 at 08:31:01 PM) (2 of 2) [CRLMB-2763/2021] bars since 18.10.2020 and challan has already been presented in the Court and conclusion of trial may take long time.
3. Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application.
4. Considering the material on record and taking into account the facts and circumstances of the case and also considering the period of custody and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.
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