Rajasthan High Court - Jodhpur
Ashok vs State Of Rajasthan (2024:Rj-Jd:45632) on 12 November, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:45632]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9791/2024
Ashok S/o Ranchod, Aged About 33 Years, R/o Ambada Tehsil
Chikhali, P.s. Kua, Dist. Dungarpur (Raj.)
(Presently Lodged In Dist. Jail, Dungarpur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Laxman Rawal S/o Manji Rawal, R/o Badgama Kua
Dungarpur (Raj.)
----Respondents
For Petitioner(s) : Mr. Pawan Vishnoi
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 12/11/2024 This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.07/2024, registered at Police Station Kuwan, District Dungarpur, for offences under Sections 363, 366, 376 (2)(n) and 344 of IPC & Sections 5/6 of POCSO Act, 2012.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the victim- 'R' recorded under Section 164 Cr.P.C., learned counsel submitted that the statements of the victim- 'R' clearly indicate that in the month of September, 2023 she voluntarily developed physical relationship with the present petitioner and thereafter went away with the present (Downloaded on 13/11/2024 at 09:55:59 PM) [2024:RJ-JD:45632] (2 of 2) [CRLMB-9791/2024] petitioner to Bawla, Gujarat using public transportation. The victim- 'R' in her statements has further stated that she is pregnant and wants to live with the present petitioner only.
Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case particularly the fact that the victim- 'R' is presently pregnant and in her statements under Section 164 Cr.P.C. she has denied the allegation of she being subjected to forcible sexual assault- rape by the present petitioner. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Ashok S/o Ranchod, arrested in connection with F.I.R. No.07/2024, registered at Police Station Kuwan, District Dungarpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 41-himanshu/-
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