Rajasthan High Court - Jodhpur
Pawan Kumar @ Pappu vs State on 17 December, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15211/2019
Pawan Kumar @ Pappu S/o Ramchandra Meena, Aged About 30
Years, R/o Kasotiya, Police Station Kanod, District Udaipur.
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Mankad
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 17/12/2019 Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.114/2019 of Police Station Bhinder, District Udaipur for the offences punishable under Sections 363, 343 and 376 of IPC and Section ¾ of POCO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation against the petitioner of sexual assault is absolutely false. It is argued that as a matter of fact, the petitioner and the prosecutrix were working as labourer at a common site and she eloped with him as per her own free will. It is submitted that the prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has stated that she lived with the petitioner at his (Downloaded on 17/12/2019 at 09:35:46 PM) (2 of 2) [CRLMB-15211/2019] house for three days and thereafter her parents came there and caught both of them. It is submitted that from the above, it is clear that when the parents of the prosecutrix caught both of them, they pressurized her to file false complaint against the petitioner.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after going through the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., wherein she has admitted that she lived with the petitioner for three days and also stated that her parents caught both of them in the house of the petitioner, without expressing any opinion on the merits of the case, I deem 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 Pawan Kumar @ Pappu S/o Ramchandra Meena shall be released on bail in connection with FIR No.114/2019 of Police Station Bhinder, District Udaipur 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.
(VIJAY BISHNOI),J 40-Taruna/-
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