Rajasthan High Court - Jaipur
Rajesh Kumar Son Of Kanhaiya Lal B/C Jat vs State Of Rajasthan on 23 September, 2020
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 17779/2019
Rajesh Kumar Son Of Kanhaiya Lal, Aged About 29 Years, R/o
Dudiyon Ka Bass, Bhorki, P.s. Gudadarji, District Jhunjhunu.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Shamsul Aarefin, through VC.
For Respondent(s) : Mr. S.S. Mahla, P.P.
For Complainant Mr. Mohammed Zubeir, through VC.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
23/09/2020
1. The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.03/19 registered at Police Station Dadiya District Sikar for the offence(s) under Sections 363 & 366 of IPC later on added Section 7/8 of POCSO Act.
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the petitioner and the prosecutrix have performed marriage and the prosecutrix has also given birth to a child on 13.09.2020 and they both are living together since 26.11.2019.
3. Counsel for the complainant has not disputed the fact of the compromise and marriage between the parties.
4. Learned Public Prosecutor has opposed the bail application.
5. Considering the contentions put-forth by the counsel for the parties and taking into account the facts and circumstances of the (Downloaded on 24/09/2020 at 08:58:37 PM) (2 of 2) [CRLMB-17779/2019] case and the fact that the petitioner and prosecutrix both are living together and the prosecutrix has also given birth to a child and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.
6. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Dadiya District Sikar in F.I.R. No.03/19 is directed that in the event of arrest of the petitioner-Rajesh Kumar, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-
(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;
(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and
(iii) that the petitioner shall not leave India without previous permission of the court.
(INDERJEET SINGH),J MG/55 (Downloaded on 24/09/2020 at 08:58:37 PM) Powered by TCPDF (www.tcpdf.org)