Rajasthan High Court - Jodhpur
Narayan Lal vs State on 9 December, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14227/2020
Narayan Lal S/o Lalu Ram Keer, Aged About 22 Years, R/o Village
Punawali, P.s.nikumbh, District Chittorgarh, Rajasthan. (Lodge At
Chittorgarh Jail).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahaveer Singh on VC
For Respondent(s) : Mr. Mahipal Vishnoi PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 09/12/2020 In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
This Court perused the material available on record. The petitioner has been arrested in connection with FIR No. 307/2020 of Police Station Gangrar District Chittorgarh for the offences punishable under Sections 363, 366A, 376(2) (J), 387 and 120 IPC and 5/6 and 17/18 POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has drawn attention of this Court towards the statement of prosecutrix in which though she has levelled allegation of rape but she has submitted that she knew the petitioner from before the incident and on petitioner's insistence she went with him from place to place and travelled to (Downloaded on 11/12/2020 at 08:37:07 PM) (2 of 2) [CRLMB-14227/2020] Navalpur and Kukdeshar in Gujarat and while they were going to Sirdi in Maharashtra they were detained by the Police. Learned counsel for the petitioner submits that chargesheet has been filed.
Learned Public Prosecutor has opposed the bail application. This Court on reading of statement of the girl deems it appropriate to not to continue custody of the petitioner at this stage. The fact of going to one place to another place publically is taken note off. The age of the boy being 22 years is also kept in consideration.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Narayan Lal S/o Lalu Ram Keer shall be released on bail in connection with FIR No. 307/2020 police station Gangrar District Chittorgarh provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of 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.
(DR. PUSHPENDRA SINGH BHATI),J.
ns. 39-/-
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